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<br />Version 2022.1 Muni
<br />equipment, except for normal wear and tear, or loss or damage resulting from Company’s handling of
<br />the equipment. City and Customers shall use the equipment only for its proper and intended purpose and
<br />shall not overload (by weight or volume), move, or alter the equipment. The City shall fully reimburse
<br />Company for any and all claims resulting from personal injuries or death, or the loss of or damage to
<br />property (including the equipment) arising out of the use, operation, or possession of the equipment by
<br />the City or the Customers. If the equipment and/or Waste Material is not accessible so that the regularly
<br />scheduled pick-up cannot be made, such Waste Material will not be collected until the next regularly
<br />scheduled pick-up, unless the Customer calls Company and requests an extra pick-up, in which case an
<br />extra service charge will apply. Company shall not be responsible for any damages to any property or
<br />equipment located adjacent to the collection receptacles, nor to any pavement, curbing, or other driving
<br />surfaces resulting from Company’s providing the Services under this Agreement.
<br />14. Risk Allocation. Except as otherwise specifically set forth herein, each party shall be responsible for
<br />any and all claims for personal injuries or death, or the loss of or damage to property, only to the extent
<br />caused by that party’s negligence or acts of willful misconduct or those of its employees, contractors,
<br />subcontractors, or agents.
<br />15. Insurance and Bond. During the Term of this Agreement, Company shall be licensed and bonded as
<br />required by Little Canada City Ordinances and maintain in force, at its expense, insurance coverage
<br />with minimum limits as follows:
<br />Workers’ Compensation
<br />
<br />Coverage A Statutory
<br />Coverage B - Employers Liability $1,000,000 each Bodily Injury by Accident
<br />$1,000,000 policy limit Bodily Injury by Disease
<br />$1,000,000 each occurrence Bodily Injury by Disease
<br />
<br />Automobile Liability
<br />
<br />
<br />Bodily Injury/Property Damage
<br />Combined – Single Limit
<br />$3,000,000
<br />Coverage is to apply to all owned, non-owned, hired and
<br />leased vehicles (including trailers).
<br />Pollution Liability Endorsement MCS-90 endorsement for pollution liability coverage
<br />
<br />Commercial General Liability
<br />
<br />
<br />Bodily Injury/Property Damage
<br />Combined – Single Limit
<br />$2,500,000 each occurrence
<br />$5,000,000 general aggregate
<br />
<br />All such insurance policies will be primary without the right of contribution from any other insurance
<br />coverage maintained by City. All policies required herein shall be written by insurance carriers with a
<br />rating of A.M. Bests of at least “A-” and a financial size category of at least VII. Upon City’s request,
<br />Company shall furnish City with a certificate of insurance evidencing that such coverage is in effect.
<br />Such certificate will also provide for thirty (30) days prior written notice of cancellation to the City,
<br />show the City as an additional insured under the Automobile and General Liability policies, and contain
<br />waivers of subrogation in favor of the City (excluding Worker’s Compensation policy) except with
<br />respect to the sole negligence or willful misconduct of City.
<br />
<br />16. Force Majeure. Except for City’s obligation to pay amounts due to Company, any failure or delay in
<br />performance under this Agreement due to contingencies beyond a party’s reasonable control, including,
<br />but not limited to, strikes, riots, terrorist acts, epidemic or pandemic, compliance with Applicable Laws
<br />or governmental orders, fires, bad weather and acts of God, shall not constitute a breach of this
<br />Agreement, but shall entitle the affected party to be relieved of performance at the current pricing levels
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