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such disclosing Party, fl pu <br /> blicly known and made generally available after disclosure by such <br /> Party through no actlion orinaction of the other arty; iii is already In the possession of the non-disclosing <br /> Party at the time of disclosure by the,disclosing Party...as shown by the non-disclosing Parts files,an <br /> . rec <br /> ords immediately prior to the time of disclosure; Iv Is obtained by the non discloslng Party from third <br /> party without a breach of such third <br /> ' e 's obligationsof confldent"allt (v) Is Inde endently developed <br /> rty <br /> by the non-disclosing Party without'use reference to the disclosing Pad s Confidential Information' <br /> as shown by documents and other competent evidence In the non-disclosing Part s ossession, o r yr <br /> ) is <br /> re uired by law to be disclosed by the non-digclosing Party, . <br /> non-disclosing Partygive <br /> ,� provided that� � <br /> I�clo�In ion written notic such re ulrerr ant(and If possible, prior to,such disclosure) <br /> thed y <br /> Part <br /> and reasonable assistance In obtaining an order protecting the Infokrrnatlon from public disclosure so long <br /> as there is no cost or expense to nonAisclosing Par"'whatsoever, and such disclosing Party Indemnlfles <br /> non -drsclosln <br /> the g Party in connection therewith. <br /> 11. INSURANCE. <br /> A. NBWS shall obtain and maintain continuou"sly through the term of this Agreement, and furnish to the <br /> Town certificates attesting to the existence of the following applicable insurance: <br /> (1) Workers'' Compensation Insurance as prescribed or permitted by Applicable Lave. <br /> .(2 Commercial General Liability and Property Damage Insurance,wn:n Contractual Liability and <br /> Products com lleted operatlo�n,s coverage, with primary Ilrnits liability �., ► , , combined <br /> occurrence,for boils.Injury and property damage. <br /> y <br /> (3) Commercial Automobile LiabilityInsurance as required by Applicable Law, but v�rith limits ofwnot less <br /> than $1,000,000 peroccurrence for bodily injury and property.damage, combined single limit. <br /> (4) Commercial,Pollution Legal Liability Insurance with limits of liability as follows: N BWS- 51000,000 <br /> per claim <br /> excess Liability,Insuranc <br /> n th lir�nits of.not less than$5,000,000 per occurrence..in the case of <br /> 5 . <br /> in the case of Town supplementing the primary insurances required by i% <br /> 1 � and $3,000,000 � . . <br /> and 111 above. <br /> B. NDWS shall cause the afo::rernenti ned policies of insuranceother than the workers' compensation <br /> insurance to be duly and properly endorsed by the insurance underwriter to.(1) provide.an <br /> endorsement n,aming as additional insureds the Town, and ii provide that they may,not be canceled <br /> without thirty 30 days prior written notice being given to the Town and In the event such insurance <br /> -company wi not prov <br /> ide such notice v then the N S shall immediately notify-the Town of such <br /> ,Pending cancellation..If any of such insurance ollcies-are written on a claims made"' basis, upon <br /> uch insure .. <br /> termination or cancellation of such policy,whether during or-after th,e Terra, NBWS shall be <br /> responsible for purchasing"tail` insurance coverage for acts and omissions occurring during the <br /> Delivery Term. Such tail insurance coverage must remain in place for three (B)'years following <br /> completion of the Term BWS shall provide the Town with a certificate of <br /> by the <br /> Page 6 <br /> WASTE DISPOSAL AGREEMENT <br />