|
accept, treat and/or dispose of Solid Waste. Except as provided herein, Company makes no other
<br />warranties and hereby disclaims any other warranty, vmether implied orstatutory.
<br />7. LIMITED LICENSE TO ENTER. When a Customer is transporting Solid WastetoaCompany facility,
<br />Customer anditssubcontractorsshall havealimited licensetoenteradisposal facility forthe sole purpose
<br />ofoff-loading Solid Waste at an area designated, andin the manner directed, by Company. Customer shall,
<br />and shall ensure that its subcontractors,ccmply with all rules and regulations of the facility, as amended.
<br />Company may reject Solid Waste, deny Customer or itssubccntractors entry to its facility and/or terminate this
<br />Agreement i n the event of Customers or its subccntractors' failure to follow such rules and regulations.
<br />8. CHARGES AND PAYMENTS. Customer shall pay the rates ('Charges') set forth on Exhibit A. The
<br />charges may be adjusted by written agreement between Customer and Company to account for: any
<br />changes or modifications to, or differences between, the actual equipment and Services provided by
<br />CompanytoCustomerandthosespecifiedonExhibitA;anyincreaseinortorecoupalloranyportion of,
<br />disposal, transportation, processing and fuelccsts orenvironmental ccmpliance fees or ccsts, or reccvery
<br />of the Company's and affiliates' ccsts associated with host ccmmunity fees, waste disposal ta�ces and
<br />similar charges paid to municipal or other governmental authorities or agencies to engage in recycling and
<br />waste collection, transfer, processing, disposal and treatment; any change in the ccmposition, amount
<br />or weight of the Solid Waste from what is specified on Exhibit A(inducing for ccntainer overages or
<br />overfiows) of the Solid Waste; increased ccsts due to uncontrollable circumstances,including, without
<br />limitation, changes (occurring firom and after three (3) months prior to the Effective Date) in local, state, or
<br />federalorforeignlawsorregulations(ortheenforcement, interpretationorapplicationthereoQ,including
<br />theimposition ofor increase in ta�ces, feesorsurcharges, or acts of God such as floods, fires, hurricanes and
<br />natural disasters. Changes to the Charges payable under this Agreement must be agreed to in writing
<br />including, without limitation, electronic oronline acceptance. All rate adjustments as provided above
<br />shall take effect upon agreement between Company and Customer. Customer shall pay the ratesin full
<br />within thirty (30) days of the invoice date.
<br />Company shall send all invoices for Charges and any required notices to Customer under this
<br />AgreementtoCustomers billing addressspecified atthetopoftheAgreement. Unlessspecifically agreed
<br />toinwritingbyCompanyandsubjecttosuchadditionalcoststhatCompanymaycharge,inits discretion,
<br />Company shall notbe required to bill Customer using Customers orany third party billing portal orprogram.
<br />In noeventshall the use by Company ofCustomers orany third party biling portal orprogram, orany terms
<br />thereof, operate to amend or supplement the tem1s and conditions ofthis Agreement, vmich will remain
<br />binding in accordance with itstem1s. Customershall pay all invoiced Charges v.ithin thirty (30) days ofthe
<br />invoice date, by check mailed to Company's payment address on Customers invoice. Payment by any other
<br />method or channel, including in person, online or by phone, shall be as allov.13d by Company and subject to
<br />applicableccnvenience fees and otherccstscharged by Company, fromtime tolime.Any Customer invoice
<br />balance not paid within thirty (30) days ofthe date ofinvoice is subjectto alatecharge, and any Customer
<br />check returned for insufficient funds is subject to a non-sufficient funds charge, both to the maximum
<br />extent allowed by applicable law. Customer acknowiedges that any latechargecharged by Company is not
<br />to be ccnsidered as interest ondebtorafinancecharge, andisareasonablechargeforthe anticipated loss
<br />andcosttoCompany forlate payment. If paymentis notmade when due, Company retains therighttosuspend
<br />Services until the past due balance is paid in full. In addition to full payment of outstanding balances,
<br />Customer shall be required to pay a reactivation charge to resume suspended Services. If Services are
<br />suspended for morethanfifteen(15)days,Company mayimmediately tem1inatethisAgreementfordefaultand
<br />reccver any equipment and all amounts owed hereunder, including liquidated damages under Section 14.
<br />9. INDEMNIFICATION.The Company agrees to indemnify, defend and save Customer ham1less from and
<br />against any and all liability (inducting reasonable attorneys' fees) vmich Customer may be responsible
<br />fororpayoutasaresult of bodily injuries (induding death), property damage, or any violationoralleged
<br />violation oflaw, to the extent caused by Company's breach of this Agreement or by
<br />ISA City of Elk River 1.15.2023Ju1y 12, 2019
<br />
|