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SWDD reserves the right to randomly inspect loads to verify conditions above are being
<br />met. SWDD also reserves the right to refuse any deliveries of Biosolids not meeting
<br />conditions above.
<br />Section 6. Applicable Law. Each party acknowledges that the processing, transport and disposal
<br />of Biosolids is heavily regulated by state and federal agencies having jurisdiction with respect to
<br />such matter. The City shall comply with all applicable state and federal laws, including, without
<br />limitation, rules and regulations (collectively "Applicable Law") relating to the processing and
<br />transport of Biosolids, including the quality or composition of Biosolids to be disposed of in a
<br />landfill such as the IRC Landfill, and SWDD shall comply with all requirements of Applicable
<br />Law relating to the method of disposal of Biosolids; provided, however, that SWDD shall not have
<br />liability with respect to the method of disposal of Biosolids which, with respect to quality or
<br />composition, do not meet the requirements of the Quality Standards or Applicable Law. In the
<br />event of a change in "Applicable Law" that, has a direct, material and adverse effect upon the cost
<br />to SWDD of operating, maintaining or modifying disposal of Biosolids, SWDD and City shall
<br />mutually negotiate any necessary capital cost contribution or any necessary increase in the disposal
<br />Costs/ton commensurate with the necessary cost.
<br />Section 7. Indemnification. To the extent permitted by law, each party shall hold harmless and
<br />indemnify the other party from and against any and all losses, damages, claims, causes of action,
<br />expenses and liabilities of anytype whatsoever (collectively, "Claims") arising out of or relating
<br />to the indemnifying party's negligence, intentional wrongdoing, breach of applicable law or breach
<br />of this agreement; provided, however, that neither party shall be required to, hold harmless or
<br />indemnify the other parry for any Claims arising out of or relating to such other party's negligence,
<br />intentional wrongdoing, breach of applicable law or breach of this agreement. Notwithstanding
<br />the above, for tort actions, neither party waives its sovereign immunity as set forth in Florida law
<br />and the parties' obligations under the Agreement shall be subject to the limitations set forth and
<br />provided for in Section 768.28, Florida Statutes.
<br />Section 8. Insurance.
<br />(a) The City, or its authorized Biosolids processor/transporter, shall obtain and maintain
<br />throughout the term of this Agreement at its expense the following insurance coverage from
<br />insurers who are licensed in the State of Florida and have a current rating of A- VII or better in
<br />"Best's Key Rating Guide," with respect to all activities relating in any way to the Biosolids which
<br />are the subject of this agreement: (1) workers' compensation coverage in compliance with State of
<br />Florida statutory requirements, (2) employer's liability insurance providing minimum coverage of
<br />$100,000 per occurrence, $100,000 by disease, and $500,000 aggregate by disease, (3) commercial
<br />general liability insurance and automobile liability insurance providing minimum combined single
<br />limit coverage of $1,000,000 for personal bodily injury, including, without limitation, death, and
<br />property damage, and (4) umbrella or excess liability coverage providing minimum coverage of
<br />$1,000,000.
<br />(b) Notwithstanding the minimum limits of coverage stated in subsection A above, the
<br />limits of each underlying insurance coverage must be at least as high as is necessary to support the
<br />excess liability insurance coverage referenced in subsection A(4).
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