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L'"J' <br />C. It is specifically agreed and understood fay all parties licreto, that the <br />prevailing rate established by Indian River County Utilities Department <br />(see Exhibit A, attached), is for the proper treatment and disposal of <br />residuals delivered by the CUSTOMER to the Indian River County <br />Residuals Management Facility. <br />D. CUSTOMER shall make payment within the thirty (30) days after <br />dispatch by the COUNTY of an invoice to the CUSTOMER, unless a <br />longer time period is allowed by the COUNTY. In tite event that <br />payment is not made when due, the COUNTY, at its sole option, may <br />immediately terminate this Agreement on notice to the CUSTOMER and <br />the Florida Department of Environmental Protection. COUNTY may <br />impose, and CUSTOMER agrees to pay, a late fee not to exceed the <br />maximum rate allowed by applicable law, or as set forth in any fee <br />schedule. <br />E. The CUSTOMER shall have an Agreement with the licensed hauler, <br />subject to approval by the COUNTY, providing that the licensed hauler <br />shall be responsible for damage to COUNTY property, such as road <br />surfaces, inter alis, resulting from the CUSTOMER'S vehicle delivering <br />residuals to the COUNTY Wastewater Treatment Facility. <br />F. Changes in the Schedule of Charges, capacity, and type of equipnmcnt, <br />may be agreed upon only in writing. Oral agreements will not be <br />considered as binding. <br />G. COUNTY reserves the right to temminate this Agreement on sixty (66) <br />days written notice. <br />H. Venue for any lawsuit brought by either party against time other party, or <br />otherwise arising out of this agreement, shall be in Indian River County, <br />Florida, or, in the event of federal jurisdiction, the United States District <br />Court for the Southern District of Florida. <br />5. TERMS OF AGREEMENT: <br />A. The Terms of this Agreement shall be for three (3) years from the <br />effective date of service, and shall be automatically renewed for like <br />terms, unless either party shall give written notice of termination via <br />Certified Mail, UPS, or equivalent, to the other party at least sixty (60) <br />days prior to termination of [tic initial term, or any renewal term, or <br />unless the County exercises its right to terminate pursuant to Paragraph <br />4G. In the event the CUSTOMER ternminates this Agreement other than <br />as provided above, CUSTOMER shall pay to time COUNTY, as <br />liquidated damages, a sum calculated as follows: <br />t'ay,r 3 ort <br />+...r.c;rrurrr�w°sn•rs+,riu�wr�Mr.re«t.,.a�..�..� sy+��w.usw�. <br />