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- .'`F•. . . . <br />4. <br />Agrnenlen[ wilh Recycler: Ciryahoga Cocutty Paper Mvrketing Cooperalive q <br />Artizle V: Stltements and Pavments <br />A. Prior to the I O" of each month during the term of this Agreemen't, the Recycler shall send to each <br />Cooperative Member, a statement reflecting the amount of Newspaper, Mixed Paper and/or <br />Cardboard accepted from sueh Cooperative member. The Recycler at the same time shall send <br />each Cooperative Member a check for the total amount reflected on the statement. <br />B. The Recycler shall pay the Cooperative Members $45.00 per ton for Newspaper, S40.00 per ton <br />for Mixed Paper and $40.00 per ton for Corrugated Cardboard for the tern of the Contract. Any <br />charges incurred by a Political Subdivision for the added service of container rentaI and haulinc, <br />shall be deducted from the value of the paper co[Iected. <br />C. The Recycler sha11 deduct S 125 for the cost to provide the optional service of container rental and <br />hauling services from the value of the paper received from any Cooperative Ivlember desirinQ this <br />optianal service. <br />ArticIe VT: Environmental Compliance <br />The Recycler shall operate its Recycling facility in conformity will all applicable governmental Iavvs, <br />regulations, ordinances, restriction, policies and guidelines. <br />Articlc VII: Warrantv and Indemni#ication <br />A. The Recycler warrants the representations made in its proposal (Esliibit C) and shall carry out all <br />actions proposed therein except insofar as same are inconsistent with the other provisions of the <br />Agreement. <br />B. The Recycler shall indemnify, defend, and hoid harmless the District and the Cooperative <br />Metnbers against all claims, demands, aelions, causes of action and proceedings of any kind, <br />including claims sounding in cantract or tort or under applicable environmental Iaws, in particutar <br />including indemnific,ation for any "release" or "threatened release" as defined in Section 101(22) <br />of the Comprehensive Environmentai Response Cornpensation and Liability Act of 1980 <br />(CERCLA), of any "(iazardous substance" as defined in Section ] O 1 (14) of CERCLA asserted by <br />any person or entity, including any governmental body, aaency, or authority and from any loss, <br />cost damage or expense, relating to the activities of the Recycler. This indemnity and hold <br />lZarnziess does not indemnify and hold harmless a Political Subdivision for a hazardous substance <br />that is delivered and not removed 'by such Political Subdivision and is therefore in violation of the <br />Intergovernmental Agreement (Exliibit A). <br />Articlc VIII: Tcrm of'Aarcemcnt <br />This Agreement shall commence on August l, 2004 and shall end five (5) years thereafter, on Aueust l, <br />2009 unless extended by tlle pai-ties in writino. 7'he parties agnee to negotiate prior to thz elose of the tive <br />(S) ycar tcrm to determine if they are abie to reach nuitual agreement on a(l terms in order to extend this <br />eontract !or a second five (5) year term. <br />Article I,l': Tertninltiou and Remeclies <br />A. E, xcept ii1 the case of delay or fai1Llre resultin?? from a Force Majzure event and without f' Rult or <br />nebligence, either Party shall be entitled, upon thirty (30) days priar written notice, to car,cel this <br />ASreement in its eiitircty, for breach of any of tlie terms, and to hive all other rights against the <br />?. .., ..?. .