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All such insurance policies will be primary without the right of contribution from any other <br /> insurance coverage maintained by City. All policies required herein shall be written by <br /> insurance carriers with a rating of A.M. Bests of at least"A-" and a financial size category of at <br /> least VII. Upon City's request, Company shall furnish City with a certificate of insurance <br /> evidencing that such coverage is in effect. Such certificate will also provide for thirty(30) days <br /> prior written notice of cancellation to the City, show the City as an additional insured under the <br /> Automobile and General Liability policies, and contain waivers of subrogation in favor of the <br /> City (excluding Worker's Compensation policy) except with respect to the sole negligence or <br /> willful misconduct of City. The Company shall name the City as an additional insured on such <br /> insurance and shall furnish evidence of the same to the City. The policies waive any or all <br /> governmental immunity as a defense in any action brought against the insured or any other <br /> party to the Contract. The City shall be given at least thirty- (30) days prior written notice of <br /> any cancellation, termination or material modification of the required insurance coverages. <br /> 17. Force Majeure. Except for City's obligation to pay amounts due to Company, any failure or <br /> delay in performance under this Agreement due to contingencies beyond a party's reasonable <br /> control, including, but not limited to, wildcat strikes, riots, terrorist acts, compliance with <br /> Applicable Laws or governmental orders, fires, bad weather and acts of God, shall not <br /> constitute a breach of this Agreement, but shall entitle the affected party to be relieved of <br /> performance at the current pricing levels under this Agreement during the term of such event <br /> and for a reasonable time thereafter. The collection or disposal of any increased volume <br /> resulting from a flood,hurricane or similar or different Act of God over which Company has no <br /> control, shall not be included as part of Company's service under this Agreement. In the event <br /> of increased volume due to a Force Majeure event, Company and the City, on behalf of the <br /> Customers, shall negotiate any additional payment to be made to Company. Further, the City <br /> shall grant Company variances in routes and schedules as deemed necessary by Company to <br /> accommodate collection of the increased volume of Waste Materials. <br /> 18. Non-Discrimination. Company shall not discriminate against any person because of race, sex, <br /> age, creed, color, religion or national origin in its performance of Services under this <br /> Agreement. <br /> 19. Licenses and Taxes. Company shall obtain all licenses and permits (other than the license and <br /> permit granted by this Agreement) and promptly pay all taxes required by the City and by the <br /> State. <br /> 20. No Guarantees. Unless specifically provided in this Agreement, the Company provides no <br /> guarantees or warranties with respect to the Services. <br /> 21. Liquidated Damages. Company agrees that the City may fine the Company in the amounts <br /> specified below as liquidated damages for failure of the Company to fulfill its obligations. The City <br /> will notify the Company in writing documenting the nature of the violation, the history of the account, <br /> if any, and the reason for the fine. The Company may address and remedy the failure at which point <br /> the City will determine, in its sole discretion, if a fine is still appropriate. Company must notify the <br /> City, in writing, of its remedial action. <br /> 21.1 Failure to clean up solid waste spilled by Company within six (6) hours of oral or <br /> written notification. $50.00 each occurrence. <br /> Page 7 of 18 <br />