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2021-100A
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2021-100A
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Last modified
8/18/2021 3:33:01 PM
Creation date
8/16/2021 2:40:39 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/13/2021
Control Number
2021-100A
Agenda Item Number
15.B.1.
Entity Name
Indian River Sustainability Center, LLC
Indian River Eco District
Heartland Water Technology, Inc
Proximo Energy, LLC
Subject
Leachate Treatment Agreement
Solid Waste Disposal District
Area
1325 74th Avenue SW (the Landfill)
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respect to the removal of the Evaporation Plant equipment. <br />• If the Company Event of Default occurs during the Operating Term, to <br />(x) cease payments of the Services Fee; (y) require the Company to pay <br />for the actual cost it incurs to haul away the Wastewater that is not being <br />processed for up to a sixty (60) days following the District's delivery of <br />formal notice of a Company Event of Default; and (z) receive a refund <br />within ninety (90) days for the amount of actual Services fees paid to the <br />Company during the time which the Company was materially failing to <br />perform the Services. <br />• If such Company Event of Default occurs during the Operating Term and <br />continues beyond ninety (90) days, the District will have the right <br />terminate the Agreement; if the District terminates the Agreement due to <br />a Company Event of Default, the Company will not be entitled to recover <br />any of its equity investment in the project from the District. <br />(ii) Following termination of the Agreement by the District based on a Company <br />Event of Default, the Company shall have the right to remove the Evaporation <br />Plant equipment from the Landfill within ninety (90) days at its sole cost and <br />the District will provide the Company with reasonable access to do so. <br />Following removal of the Evaporation Plant Equipment, the Company will <br />leave the site "broom clean". <br />6.3. Remedies. Except as otherwise set forth herein with respect to a Major Event of Default, <br />the remedies delineated in this Article 6 shall be the exclusive remedies available to the <br />Parties hereunder with respect to such Events of Default for such matters. <br />6.4 Survival of Obligations. Notwithstanding the expiration or the termination of this <br />Agreement pursuant to its terms, any duty or obligation of a Party which has not been <br />fully observed, performed and/or discharged and any right, unconditional or conditional, <br />which has been created for the benefit of a Parry and which has not been fully enjoyed, <br />enforced and/or satisfied (including but not limited to the duties, obligations and rights, if <br />any, with respect to secrecy, indemnity, warranty, and guaranty) shall survive such <br />expiration or termination until such duty or obligation has been fully observed, performed <br />or discharged and such right has been fully enjoyed, enforced and satisfied. <br />6.5 Termination In Regards To F.S. 287.135: The Company certifies that it and those related <br />entities of the Company as defined by Florida law are not on the Scrutinized Companies <br />that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are <br />not engaged in a boycott of Israel. In addition, if this agreement is for goods or services <br />of one million dollars or more, Company certifies that it and those related entities of the <br />Company as defined above by Florida law are not on the Scrutinized Companies with <br />Activities in Sudan List or the Scrutinized Companies with Activities in the Iran <br />Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes <br />and are not engaged in business operations in Cuba or Syria. The District may terminate <br />this Contract if the Company is found to have submitted a false certification as provided <br />Page 16 of 32 <br />
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