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equipment upon which the Roll -Offs are located or placed) caused by the removal <br />of the Roll -Offs from, or the return of the Roll -Offs to, their designated location at <br />the Evaporation Plant, or the loading of Residual onto or off-loading of Residual <br />from the Roll -Offs, except to the extent that such damage is caused solely by the <br />Contractor's (i) negligence or willful misconduct in its performance of the Residual <br />Obligations; (ii) use of personnel who are not Certified Operators; or (iii) failure to <br />materially comply with the Residual Removal SOPs; provided, however, and <br />notwithstanding the foregoing, Contractor shall have no obligation to indemnify or <br />hold harmless Indian River County, SWDD or any other person or entity or any of <br />their respective employees, contractors, agents or representatives with respect to <br />Claims for reasonable and ordinary wear and tear to the Roll -Offs (or the stands, <br />structures or equipment upon which the Roll -Offs are located or placed). <br />5. Ratification. Except as specifically provided in this Twentieth Amendment, all other <br />provisions of the Contract shall remain in full force and effect. <br />[signature page follows] <br />14Q8938 <br />Twentieth Amendment to Contract Page 4 of 6 <br />