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Yard Waste Processing and Recycling Services Agreement THIS AGREEMENT ("Agreement') is by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent Special District of Indian River County, Florida, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called "owner") and ATLAS ORGANICS INDIAN RIVER, LLC, a Delaware limited liability company (hereinafter called "Contractor"). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- THE PROJECT The "Project" for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Yard Waste Processing and Recycling Services RFP Number: 2019045 Project Address: 1325 741h Ave. SW, Vero Beach, FL 32968_ 1.1 DEFINITIONS To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail for the purposes of this Agreement. However, nothing contained herein shall be interpreted to require Contractor to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa. Business Day: means any day other than a Saturday, a Sunday, or any other day on which banks in Indian River County are authorized or required by law or other governmental action to be closed. Inter -County: with respect to waste, means that such waste originates from somewhere outside of Indian River County, Florida. Intra -County: with respect to waste, means that such waste originates from within Indian River County, Florida. Prudent Industry Practices: means those practices, methods, standards and acts engaged in or approved by a significant portion of the industry for compost facilities of the type, size and location similar to the project, that, at a particular time, in the exercise of reasonable care and judgment in light of the facts known at the time that the decision was made, could have been reasonably expected to accomplish the desired result in a manner consistent with applicable law and the Contract Documents. "Prudent Industry Practices" are not intended to be limited to a single practice or method to the exclusion of others, but may encompass a range of practices or methods generally accepted or approved by a significant Page 1 of 22