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after said date; (vii) SWDD has not,and will not during any term of this Agreement,enter into any agreement for the transfer or disposal of Recycled Materials or take any action, or fail to take any action, which would divert any Recycled Materials which would otherwise be delivered to Processor under the Agreement; (viii) SWDD will assure the continued operation of the County MRF during any term of the Agreement (except in the event of force majeure event or circumstance provided that a termination of any agreement for the operation of the County MRF shall not constitute a force majeure event); and (ix) Upon approval of this Amendment, SWDD will be authorized,and shall have taken all requisite action,to execute and deliver this Amendment. Section 11. Indemnification. Tropical agrees that it will indemnify, defend and hold ReCommunity harmless from any claims, damages, losses or expenses arising from acts or omissions related to the Agreement occurring after October 1, 2015. ReCommunity agrees that it will indemnify, defend and hold Tropical harmless from any claims, damages, losses or expenses arising from acts or omissions related to the Agreement occurring before October 1, 2015. Section 12. Counterparts. The Amendment may be executed in multiple counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. All other provisions of the Agreement shall remain in full force and effect. (Remainder of this page is intentially left blank) roo,m, Underlining denotes addition to existing text. Page 4 of'S 228