11/04/2019 BOARD OF SELECTMEN Agenda Packet

Home Browse Search

8. CHARGES AND PAYMENTS.Town shall pay the rates set forth on Exhibit A, which maybe modified as provided in this Agreement.Town shall pay the rates in full within 30 days of receipt of each invoice from NBWS. 9. BILLINGS.NBWS shall provide to Town an invoice for each calendar month during the Term for any amounts owed hereunder by Town to NBWS within ten (10) days of the end of such calendar month, and Town shall pay, reasonably dispute or partially pay and partially reasonably dispute the invoice within thirty(30) days after its receipt thereof. NBWS shall invoice the Town as follows: A. The invoice shall set forth the total tonnage of Acceptable Solid Waste delivered by or on behalf of Town as weighed upon delivery. B. The invoice shall set forth a calculation showing the disposal fee multiplied by the number of Tons of Acceptable Solid Waste and a reasonably-detailed description of any other amounts claimed to be due to NBWS from Town hereunder. C. NBWS shall provide any other documentation reasonably requested by Town to substantiate each invoice. 10. BOOKS AND RECORDS. Each Party shall cause those of its books and records relating to the quantity of Acceptable Solid Waste(and Unacceptable Solid Waste if handled by NBSW according to the provisions of Section 5 above) delivered by or on behalf of Town and accepted by NBWS to be available to representatives of the other Party for inspection upon reasonable notice and during normal business hours. All such inspections shall be conducted in such manner as not to cause interference with the operation of the facility and such representatives shall comply with all reasonable rules adopted by the Party whose books and records are being inspected, or the owners or operators of the location where such books and records are made available, including rules relating to maintaining the safety of those persons present on the site where the books and records are located.Each Party shall agree,to the extent allowed by Applicable Law,to enter into and abide by a usual and customary"Nondisclosure and Confidentiality Agreement" according to applicable standards of commercial reasonableness regarding the use and maintenance of"Confidential Information" defined below. The term "Confidential Information" as used herein this Agreement shall mean means any information disclosed by any of the Party to the other non-disclosing Party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation documents, prototypes, samples, plant and equipment),that is secret or proprietary information relating directly to such disclosing Party's business including but not limited to financial statements,Town lists, and anything designated as "Confidential", "Proprietary", or some similar designation. Information communicated orally shall be considered Confidential Information. Confidential Information may also include information disclosed to such Party by third parties. Confidential Information shall not, however, include any information which: (i) was publicly known and made generally available in the public domain prior to the time of disclosure by WASTE DISPOSAL AGREEMENT Page 5