2007-108 Resolution - Laserfiche WebLink

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?•-,. ,?.., Intergovenimental Agreement: Gtvahoga County PaperMarketitrg Coopera6ve 4 Recycler Contract. It shall also have no obligation to administer or perform any other services or incur any expenses in connection with the recycling of any recyclable products. Article III: Term of Agreement A. This Agreement shall commence on August 1, 2004, whereby on or after this date, the Political Subdivision shall start delivery of Newspaper, Mixed Paper and/or Cardboard to the Recycling Facility. This agreement shall terminate on August 2, 2009. B. The Parties hereto agree that they may extend this Agreement for an additional 5-year term at the expiration of the first term in the event that the following conditions are met: l. The District either extends the Recycler Contract for an additional five-year term or enters into a contract with another recycler. 2. Both the District and the Political Subdivision agree to extend the term of this contract for an additional five-year term on the same terms and conditions or as may be mutually modified. Article IV: Beneficial Relationshiu The Political Subdivision acknowledges the District's contract with the Recycler (Exhibit A) to facilitate the recycling of recyclable paper herein, and as such, acknowledges that such Recycler is a third-party beneficiary of this Intergovernmental Agreement and that the Political Subdivision is therefore directly liable to the Recycler in the event of the Political Subdivision's breach of this contra.ct. Article V: Liabilitv and Release A. The Political Subdivision maintains sole control over the transportation of its recyclabie paper and it therefore agrees to remain responsibie for any claims, demands, causes of action and proceedings of any kind including claims sounding in tort or contract or any regulatory action under any applicable environmental laws (specifically including indemnification for any liability under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) asserted by any person or entity including any governmental body, agency, or authority from any loss, cost, damage or expense relating in any way to the Political Subdivision's transportation of recyclable paper pursuant to this Agreement. B. In consideration of the District's waiver of any fees for its services as a facilita.tor or for any reimbursement of expenses not related to Political Subdivision's failure to comply with the provisions of this Agreement and the Recycler Contract, the Political Subdivision releases the District from any liability under this Agreement. Article VI: Authoritv to Amend and Terminate Agreement A. The District shall have the following authority to amend or supplement this Agreement: