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as a new subsection (c) as follows: <br />"(c) Claimable Damages for Certain Roll Off Box Issues. <br />(i) Except as otherwise provided in this Section 7.2(c), the Company hereby agrees to <br />release the District from liability for the cost of repairing or replacing the stands or <br />the roll -off boxes in the event the stands or roll -off boxes themselves are <br />damaged by the District or Republic (or other Certified Operator) while residual is <br />being loaded or offloaded from the roll -off boxes ("Claimable Damages"). <br />(ii) A given damage will only be deemed to be a Claimable Damage if the cause of <br />such damage is not due to Republic or the District's negligence, willful <br />misconduct, use of personnel who are not Certified Operators or failure to follow <br />the Residual Removal SOPS. This release will mean that if any such Claimable <br />Damages occur, the Company will forgo its rights hereunder to seek recourse or <br />reimbursement, directly or indirectly, from the District for the cost of such repair <br />or replacement of the roll off boxes or stands. <br />(iii) Any other claims that the Company may have that relate to damages that don't <br />constitute Claimable Damages (e.g., the cost of cleaning up a leachate spill that <br />occurred as a result of such damage to the roll -off -boxes or stands) will continue <br />to be governed by the terms of this Agreement. <br />(iv) Notwithstanding anything to the contrary contained herein, nothing in this letter <br />is intended to modify any of the obligations of the parties under the Agreement or <br />release the District or Republic in the event any of their actions or omissions <br />causes damage to any other property, processes or persons or prevents the <br />Company from timely performance of its obligations under the Agreement." <br />The rest of this page is left intentionally blank. <br />Page 5 of 6 <br />