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2019-198A
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2019-198A
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Last modified
1/13/2020 12:04:39 PM
Creation date
1/13/2020 11:57:17 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Proposal
Approved Date
11/19/2019
Control Number
2019-198A
Agenda Item Number
15.B.2.
Entity Name
Indian River Eco-District
Subject
Commercial Proposal for Installation and Operation
of Pilot Leachate Treatment at Indian River Landfill
Budget Proposal Number 2
Area
Inidan River Landfill
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Indian River Commercial Proposal for <br />ECO -District Installation and Operation of HEARTLAND <br />Pilot Leachate Treatment System w`,r` �''��` <br />A Frankens Energy Initiative - <br />determine is necessitated thereby. <br />No Warranties. IN CONDUCTING THIS PILOT, INDIAN RIVER ECO -DISTRICT AND HEARTLAND MAKE NO WARRANTY OR REPRESENTATION <br />OF ANY KIND. ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. Indian River Eco -District and Heartland shall <br />not be liable for any repairs, replacements, or adjustments to the Concentrator system equipment or any costs of labor performed by <br />Indian River County. <br />8. Limitation of Liability. EXCEPT FOR (1) LIABILITIES WHICH ARE CAUSED BY A PARTY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; OR <br />(II) LIABILITIES RELATED TO INJURY OR DEATH OF ANY HEARTLAND PERSONNEL WHEN TRAVELING TO OR FROM OR WORKING AT THE <br />FACILITY, THE TOTAL LIABILITY SHALL NOT EXCEED THE PRICE FOR THE PILOT BEING PAID TO INDIAN RIVER ECO -DISTRICT BY INDIAN <br />RIVER COUNTY ADMINISTRATION HEREUNDER. NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, <br />SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT. Indian River Eco -District and Heartland are merely acting as a service <br />provider to Indian River County hereunder and assume no environmental liability related to the landfill leachate at the Facility. <br />Termination. If Indian River County fails to make payment in accordance with the terms of this Agreement or fails to comply with any <br />provisions hereunder, Indian River Eco -District may, at its option but at the Indian River County's cost, come onto the Facility and remove <br />the Heartland equipment with a 10 calendar day notice to Indian River County. This remedy is in addition to any other remedies which <br />Heartland has at law or equity. Indian River County Administration agrees to pay all collection costs and expenses, including reasonable <br />attorneys' fees incurred by Indian River Eco -District or Heartland in collecting or attempting to collect such account as well as a <br />reasonable rate of interest until paid in full. <br />10. Assignment. Neither Indian River Eco -District nor Heartland shall assign or transfer the responsibilities of the contract or purchase order <br />without the prior written consent of the other party, not to be unreasonably withheld. <br />11. Severability. If any part of these Terms and Conditions is held void or unenforceable, such part shall be treated as severable, leaving valid <br />the remainder. <br />Copyright 2019. All rights reserved 29 Indian River Eco -District, LLC <br />IRED Heartland Proposal - Leachate Treatment Pilot - 13Nov2019 <br />
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