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I. Survival.The Warranties and Indemnificationsexpressly made by each Party hereunder shall survive
<br /> termination of this Agreement.
<br /> J. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be
<br /> deemed to be an original, but all of which shall be deemed the same instrument. Facsimile and
<br /> portable document format (PDF) copies of signatures shall be deemed original signatures.
<br /> K. Severability. If any provision of this Agreement shall for any reason be determined to be invalid,
<br /> illegal, or unenforceable in any respect,the Parties hereto shall negotiate in good faith and agree to
<br /> such amendments, modifications, or supplements of or to this Agreement or such other appropriate
<br /> actions as shall,to the maximum extent practicable in light of such determination, implement and give
<br /> effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement
<br /> shall, as so amended, modified, or supplemented, or otherwise affected by such action, remain in full
<br /> force and effect.
<br /> 18. MERCURY DISPOSAL.Zero Waste Solution, LLC(ZWS) will provide to the Town free disposal of mercury-
<br /> containing products such as thermostats and light bulbs, so that mercury is disposed of properly.
<br /> 19. HOUSEHOLD HAZARDOUS PRODUCT COLLECTIONS. NBWS shall pay to the Town annually the amount of
<br /> $2,000 to be used to help offset costs associated with its reciprocal Household Hazardous Product(HHP)
<br /> collections. Said payment shall be made no later than March 1 of each year. The Town may use said
<br /> funds as it sees fit for publication and/or mailing of brochures,for HHP vendor set-up charges or for costs
<br /> associated with the disposal of products collected.
<br /> 20. CONSTRUCTION & DEMOLITION. NBWS agrees to accept from the Town and from its residents
<br /> construction and demolition materials (C&D) at a reduced tip fee at its facility at 295 Service Road in
<br /> Sandwich, MA. For the first two years of this Agreement, the tip fee shall be $82 per ton. For each
<br /> subsequent year of this Agreement, commencing on January 1, 2017,the tip fee shall increase by a
<br /> negotiated amount not to exceed a maximum of 2.5%.
<br /> 21. "CHANGE IN LAW" means any of the following events or conditions that occur after Effective Date which
<br /> are demonstrated to have a material and adverse effect on a Party's obligations pursuant to this
<br /> Agreement or demonstrated to have a material and adverse effect on the operations of the Facility, if such
<br /> event is reasonably beyond the control of the Party and not the result of any willful or negligent act, error,
<br /> omission, breach of this Agreement, or lack of reasonable diligence of the Party asserting the occurrence
<br /> of a change in law: (a)the enactment, adoption, promulgation, implementation, repeal or modification
<br /> after the Effective Date of any Federal,state, county,town or local law, charter, ordinance, code, rule,
<br /> regulation, guideline, policy, standard or similar requirement, or change in interpretation or enforcement
<br /> thereof to become effective without any further action by any federal, state or local governmental body,
<br /> administrative agency or governmental official having jurisdiction, or(b) the imposition, after the Effective
<br /> Date, of any material conditions on the issuance, maintenance or renewal of any Consent, which in the
<br /> case of(a) and/or(b) establishes, individually or in the aggregate, requirements that materially increase
<br /> WASTE DISPOSAL AGREEMENT Page 12
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