Common use of Publication of Rates Clause in Contracts

Publication of Rates. 1216 The Contractor shall provide written notice to Customers of proposed rate changes no less than thirty 1217 (30) days prior to implementing such changes. Such written notice shall be delivered to all Customers as 1218 part of the normal billing statement which Contractor sends to Customers. Contractor shall also publish 1219 such Rates in a convenient and easily found location on its website. 1220 ARTICLE 12: INDEMNITY, INSURANCE, AND PERFORMANCE 1221 BOND 1222 Section 12.1: Indemnification 1223 A. General. Contractor shall indemnify, defend with counsel acceptable to County, and hold 1224 harmless (to the full extent permitted by law) County and its officers, officials, employees, 1225 volunteers, and agents from and against any and all claims, liability, loss, injuries, damage, 1226 expense, and costs (including without limitation costs and fees of litigation, including attorneys’ 1227 and expert witness fees) (collectively, "Damages") of every nature arising out of or in connection 1228 with Contractor’s performance under this Agreement, or its failure to comply with any of its 1229 obligations contained in the Agreement, except to the extent such loss or damage was caused 1230 by the active negligence or willful misconduct of the County. 1231 B. Excluded Waste. Contractor shall not store, Transport, use, or Dispose of any Excluded Waste 1232 except in strict compliance with all Applicable Laws. 1233 In the event that Contractor negligently or willfully mishandles Excluded Waste in the course of 1234 carrying out its activities under this Agreement, Contractor shall at its sole expense promptly 1235 take all investigatory and/or remedial action reasonably required for the remediation of such 1236 environmental contamination. Prior to undertaking any investigatory or remedial action, 1237 however, Contractor shall first obtain the County Contract Manager’s approval of any proposed 1238 investigatory or remedial action. Should Contractor fail at any time to promptly take such action, 1239 the County may undertake such action at Contractor’s sole cost and expense, and Contractor 1240 shall reimburse the County for all such expenses within thirty (30) calendar days of being billed 1241 for those expenses, and any amount not paid within that thirty (30) calendar day period shall 1242 thereafter be deemed delinquent and subject to the delinquent fee payment provision of 1243 Section 10.3. These obligations are in addition to any defense and indemnity obligations that 1244 Contractor may have under this Agreement. The provisions of this Section shall survive the 1245 termination or expiration of this Agreement. 1246 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any 1247 claims arising from the Disposal of Solid Waste at the Designated Disposal Facility, including, but 1248 not limited to, claims arising under Comprehensive Environmental Response, Compensation and 1249 Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 1250 misconduct.

Publication of Rates. 1216 1217 The Contractor shall provide written notice to Customers of proposed rate changes no less than thirty 1217 1218 (30) days prior to implementing such changes. Such written notice shall be delivered to all Customers as 1218 1219 part of the normal billing statement which Contractor sends to Customers. Contractor shall also publish 1219 1220 such Rates in a convenient and easily found location on its website. 1220 1221 ARTICLE 12: INDEMNITY, INSURANCE, AND PERFORMANCE 1221 1222 BOND 1222 1223 Section 12.1: Indemnification 1223 1224 A. General. Contractor shall indemnify, defend with counsel acceptable to County, and hold 1224 1225 harmless (to the full extent permitted by law) County and its officers, officials, employees, 1225 1226 volunteers, and agents from and against any and all claims, liability, loss, injuries, damage, 1226 1227 expense, and costs (including without limitation costs and fees of litigation, including attorneys’ 1227 1228 and expert witness fees) (collectively, "Damages") of every nature arising out of or in connection 1228 1229 with Contractor’s performance under this Agreement, or its failure to comply with any of its 1229 1230 obligations contained in the Agreement, except to the extent such loss or damage was caused 1230 1231 by the active negligence or willful misconduct of the County. 1231 1232 B. Excluded Waste. Contractor shall not store, Transport, use, or Dispose of any Excluded Waste 1232 1233 except in strict compliance with all Applicable Laws. 1233 1234 In the event that Contractor negligently or willfully mishandles Excluded Waste in the course of 1234 1235 carrying out its activities under this Agreement, Contractor shall at its sole expense promptly 1235 1236 take all investigatory and/or remedial action reasonably required for the remediation of such 1236 1237 environmental contamination. Prior to undertaking any investigatory or remedial action, 1237 1238 however, Contractor shall first obtain the County Contract Manager’s approval of any proposed 1238 1239 investigatory or remedial action. Should Contractor fail at any time to promptly take such action, 1239 1240 the County may undertake such action at Contractor’s sole cost and expense, and Contractor 1240 1241 shall reimburse the County for all such expenses within thirty (30) calendar days of being billed 1241 1242 for those expenses, and any amount not paid within that thirty (30) calendar day period shall 1242 1243 thereafter be deemed delinquent and subject to the delinquent fee payment provision of 1243 1244 Section 10.3. These obligations are in addition to any defense and indemnity obligations that 1244 1245 Contractor may have under this Agreement. The provisions of this Section shall survive the 1245 1246 termination or expiration of this Agreement. 1246 1247 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any 1247 1248 claims arising from the Disposal of Solid Waste at the Designated Disposal Facility, including, but 1248 1249 not limited to, claims arising under Comprehensive Environmental Response, Compensation and 1249 1250 Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 1250 1251 misconduct. 1252 C. Obligation to Provide Service and Allocation of Risk 1326 1. Insurance coverage shall be with limits not less than the following: 1327 Comprehensive General Liability – $2,000,000 combined single limit per occurrence for 1328 bodily injury, personal injury, and property damage. 1329 Automobile Liability – $2,000,000 combined single limit per accident for bodily injury 1330 and property damage (include coverage for Hired and Non-owned Vehicles). 1331 Workers’ Compensation – Statutory Limits/Employers’ Liability - $1,000,000/accident 1332 for bodily injury or disease. 1333 Employee Blanket Fidelity Bond – $500,000 per employee covering dishonesty, forgery, 1334 alteration, theft, disappearance, and destruction (inside or outside). 1335 Pollution Legal Liability - $1,000,000 per claim/occurrence and $2,000,000 aggregate 1336 for bodily injury, property damage, and remediation of contaminated site. 1337 2. The County, its officers, agents, employees, and volunteers shall be named as additional 1338 insured on all but the workers’ compensation and pollution liability coverages. 1339 3. Said policies shall remain in force through the life of this Agreement and, with the 1340 exception of pollution liability coverage, shall be payable on a "per occurrence" basis 1341 unless the County’s Risk Manager specifically consents in writing to a "claims made" 1342 basis. For all "claims made" coverage, in the event that the Contractor changes 1343 insurance carriers Contractor shall purchase "tail" coverage or otherwise provide for 1344 continuous coverage covering the Term of this Agreement and not less than three (3) 1345 years thereafter. Proof of such "tail" or other continuous coverage shall be required at 1346 any time that the Contractor changes to a new carrier prior to receipt of any payments 1347 due.