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requirements relating to protection of human health, safety, or the environment C Appiicabte.Law'J. In
<br />the .event any provision of this. Agreement con. Riots withan existing ordinance *of the City, this Agreement
<br />shall. control and Company shall not be fined, punished, or otherwise sanctioned:under such ordinance.
<br />Company reserves the -right to decline to perform Serviceg;-which,.. ih its judgment, it Cannot. perform in a
<br />lawful .manner oe without risk of harm to human health, safety or the environment. In such event,
<br />Company shall notify the City immediately and providir the rationale for declining, perform Services:
<br />Note load limits that are in place forthe City.
<br />Title. Title to Recyclable Materials shall pass to Company when loaded into Company's collection vehicle
<br />or otherwise received by Company. Title to and liability for any Unacceptable Material shall at no time
<br />pass to Company:
<br />12. Unacceptable Material, If Unacceptable Material is discovdW before it is collected by Company,
<br />Company may refuse to collect the entire recycling container that.eontains the Unacceptable Material: In
<br />such.situations, Companyshall contact.the,City and the City shall promptly ondertake appropriate action
<br />w ensure that such Unacceptable Material Is removed and property disposed of by the -depositor-or
<br />.generator of the Unacceptable Material. In the event Unacceptable Material is present but riot discovered
<br />until after it has been collected by ConipartyXompany may, in its sole discretion, remove:, transport; and
<br />dispose -of such Unacceptable Material at a facility authorized to accept such Unacceptable Material in
<br />.accordance with Applicable Law and, in Company's sole discretion,_ charge the City, depositor or
<br />generator of such Unaccoptable. Material for all direct and indirect costs. incurred due to the removal,.
<br />remediation, handling, transportation, delivery; and disposal of such Unacceptable Material.. The City
<br />shall provide all reasonable assistance to Company to conduct.ari *investigation to determine the identity
<br />of the depositor or.generator of the Unacceptable Material and *to collect -the eosts incurred by Company
<br />in connection. with such- Unacceptable Material. Subject to the City's providing all such reasonable
<br />assistance: to Company, Company shall release. City from any liability for any such :costs incurred by
<br />Company in connection with such Unacceptable Material, except to the-4 4ent that such Unacceptable
<br />Material is determined to be' attributed to:the City.
<br />13. Equipment: Access. Any equipment that Company furnishes or uses to perform the Services under this
<br />Agreement.shall remain Company's property: The City shall be. .liable. for all loss or damageto such
<br />equipment, except for normal wear and tear, or lass or damage. resulting from Company's handling of the
<br />equipment, City and Residents shall usethe equipment only for its proper and.intended purpose and shall
<br />not overload .(by weight.. or volume), move, or alter the. equipment, The City shall .fully reimburse
<br />Company for negligence of the. City arising out of -the use, operation, or possession of the container by
<br />the City. if the equipment and/or Recyclable Material it notaccessible so that the regularly scheduled
<br />pick-up cannot be made, such Recyclable Material will'not be collecteduntil the next regularly scheduled.
<br />-.pick. up, unless the Resident calls Company and: requests. an extra pick-up, in which case an extra service
<br />charge will apply. Company shall not be responsible for any damages to.any.property or equipment
<br />located adjacent to the collection receptacles, nor, to any pavement, curbing; or other driving surfaces:
<br />-resulting from Company's. providing the Services under this Agreement.
<br />14. :Risk Allocation. Except as otherwise specifically set forth.herein,*eachparty. shall be responsible for any
<br />and all claims for personal injuries or death, or the loss of or damage to property, only tothe extent caused
<br />by that parry's negligence or acts of willful misconduct or those of its employees, contractors;.
<br />subcontractors, or agents. The CityYs liability is limited'by Minnesota Statute.
<br />15. Insurance. During the Term of this Agreement,Company shall maintain in force, at its: expense, insurance.
<br />coverage with minimum limits as,follows:
<br />Workers' Compeasation
<br />.Coverage,A Statutory
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