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to the Contractor for the Contractor's performance of the Residual Obligations shall <br />be Two Hundred Fifty Dollars ($250.00) per haul ("Residual Obligation Rates"), <br />subject to annual escalation as set forth in Section 3(b) below. <br />b. Annual Escalation. The Residual Obligation Rates are subject to annual escalation <br />as set forth in section 4 of the Ninth Amendment and Extension to Contract <br />Agreement. For purposes of clarity, the first such annual escalation shall be <br />effective on January 1, 2024. <br />4. Additional Terms. SWDD and the Contractor agree that the following provisions shall <br />apply to the Residual Obligations: <br />a. The Contractor shall, together with SWDD and IRSC, develop a process to ensure <br />that Contractor personnel who perform the Residual Obligations have been <br />properly trained and certified by IRSC ("Certified Operators"), and Contractor shall <br />allow only Certified Operators to perform the Residual Obligations. <br />b. Residual shall at all times remain the property of SWDD. SWDD represents and <br />warrants that the Residual is suitable for disposal in the Landfill and complies with <br />all applicable federal, state and local laws, ordinances, rules and regulations, <br />including environmental laws (including, without limitation, the rules and <br />regulations of the EPA and the State of Florida Department of Environmental <br />Protection) (collectively, "Applicable Law"), and SWDD acknowledges and agrees <br />that the Contractor will rely on such representations and warranties in the <br />Contractor's performance of the Residual Obligations. If the Contractor in its <br />reasonable judgment determines that it cannot perform any or all of the Residual <br />Obligations in compliance with Applicable Law, the Contractor shall have no <br />obligation to perform such. <br />c. Notwithstanding anything to the contrary in the Contract or otherwise, except for <br />the Contractor's obligation to comply with the Class 1 Landfill Operations and <br />Training Plan and FDEP permits as set forth in the Contract, the Contractor shall <br />have no responsibility or obligation to profile, analyze, test or sample the Residual, <br />or to make any determination as to the character of the Residual or its suitability <br />for disposal at the Landfill. <br />d. Notwithstanding anything to the contrary in the Contract or otherwise, the <br />Contractor may act on instructions of IRSC or IRSC's contractor with respect to <br />requests for the performance of the Residual Obligations. <br />e. Notwithstanding anything to the contrary in the Contract or otherwise, the <br />Contractor shall have no obligation to indemnify or hold harmless Indian River <br />County, SWDD or any other person or entity or any of their respective employees, <br />contractors, agents or representatives with respect to any liabilities, claims, <br />damages, losses, or expenses (including, without limitation, attorneys' fees) <br />("Claims") related to damage to the Roll -Offs (or the stands, structures or <br />14Q8938 <br />Twentieth Amendment to Contract Page 3 of 6 <br />