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n) Site Maintenance. If the Contractor fails to properly conduct site maintenance <br />and groundskeeping activities in the manner and frequency as required in this <br />Agreement, SWDD shall provide notice to the Contractor. If the Contractor fails <br />to remedy the issues within twenty-four (24) hours of notice from SWDD, <br />Administrative Charges in the amount of $500 per day shall be assessed until <br />SWDD determines the issues have been resolved. <br />o) Loss of Use Due to Negligence. If through Contractor negligence, including <br />negligence by one of its employees, an operation covered under this Agreement <br />becomes unavailable for use by the citizens of Indian River County, the payment <br />to the Contractor will be reduced by the number of days the operation is <br />unavailable and Administrative Charges of $10,000 per day will be assessed by <br />SWDD. <br />10.2.4 If any violation or deficiency is repeated within forty-eight (48) hours, after an initial <br />deficiency is identified in the same category, the violation will be considered a <br />continuation of the original deficiency and Administrative Charges will be immediately <br />assessed. <br />10.2.5 If the Contractor or Subcontractor fails to comply with any applicable environmental <br />regulations or other Applicable Laws, the Contractor shall pay the following: <br />(a) All lawful fines, penalties, and forfeitures charged to the County by any judicial <br />orders or by any governmental agency responsible for the enforcement of environmental <br />or other Applicable Laws; and <br />(b) The actual costs incurred by SWDD as a result of the failure to comply with the <br />environmental or other Applicable Laws, including any costs incurred in investigating and <br />remedying the conditions that led to the failure to comply with the Applicable Laws. <br />Article 11. Change to Service, Law, or Regulation <br />11.1 Contractor and County recognize that federal, state, and local law and other changes in law in <br />the future that mandate actions or programs may require changes or modifications to the <br />Agreement. The County shall have the right to make changes to the Agreement as a result of <br />changes in law and to impose new and reasonable rules and regulations on the Contractor <br />relating to the scope and methods of work as shall be necessary and desirable from time to time <br />for the public welfare. <br />11.2 If any federal, state, or local authority enacts or changes any applicable laws, rules or regulations <br />pertaining to operation of the Landfill which results in a substantial change to the services <br />defined herein and which results in a material increase or decrease in Contractor's costs, the <br />Contractor and SWDD shall negotiate mutually agreeable adjustments to the Agreement and the <br />changes shall take effect upon approval of an executed amendment to the Agreement. <br />Indian River County Landfill Operating Agreement Final Page 27 of 42 <br />