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<br /> �r�w ., urar��ce oarrier,or its evidencing t all insurance coverage, including the "tail" 19surance
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<br /> required 5e tion, is in effect. Annually, and as otherwise reasonably requested by the Tow
<br /> and upon each-change in the insurance carried by NBWS or,a charge in NBWS;ls insurance underwriter,.
<br /> NBWS will provide the Town with evidence that the insurance required hereunder is in Place.,.
<br /> a. INDEMNIFICATION.To the fullest extent permitted by law, NBWS agrees to indemnify,'defend and
<br /> holdTown harmless from arid'against any and all liability(including reasonable attorneys fees) which Town
<br /> may be responsible for or payout as a result of bodily injuries lnolu'din death), property damage, or any
<br /> violation or alleged violation of law, to the extent caused by N WS's breach of-this Agreement or by any
<br /> negligent act, negligent omission or willful misconduct of NBWS, its Affiliates, agents, contractors or
<br /> employees, which occurs 1 during the collection or transportations of Town's ", cce' tabl Solid Waste' by
<br /> NBWS, or 2 as a result of the disposal of Town's `Acce table oli-d Wastes', after the date of this Agree-
<br /> ment, in a fact-lity owned by a subsidiary or affiliate of New Bedford Waste Services LLC., provided.that the
<br /> NBW °� indemnification.obligations ;rill not apply to occurrences involving deliv y by"the own of
<br /> `"U nacce tabl eSol i d Waste".
<br /> To the fullest extent permitted by law,Town agrees to indemnify, defend and hold NBWS S harmless from
<br /> and against any and all liability(including reasonable attorneys fees)which NBWS may be responsible for
<br /> or pa
<br /> yout result of bodily injuries (including death, roerty darra�e, or ary violatior or alleged violaout as a
<br /> tion of lair to the extent caused by Town's breach of this Agreement or by any negligent act, negligent
<br /> a
<br /> omission or willful misconduct of the Torn or its employees, agents or contra-ptors in the performance of
<br /> this Agreement or Town s use, operation or possession of any equipment furnished by NBWS.-Neither
<br /> party,shall be Halle to the other for consequential, incidental or punitive damages arising out of the
<br /> performance of this Agreement.
<br /> 13. UNCONTROLLABLE CIRCUMA C S ("UCC") means any act, event or condition, occurring on or after the
<br /> Effective date,that has had, or may reasonably
<br /> expected to have, a m'aterlal adverse effect on the
<br /> rights or the obligations of a Party under this Agreement, or a material adverse"effect on the Facility, if
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<br /> such act, event or condition is beyond.the reasonable control of the Party relying the-reon as justifiQation
<br /> for not performing an obligation or complying"wlth any condition required of such Party urn-d-er this
<br /> Agreement including, without limitation,the following
<br /> A. an act of God, landslide, lightning, earthquake,e, fire,,ex losion, flood, acts of a public enemy, war,
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<br /> blockade, insurrection, riot or civi1disturbance or any similar occurrence;
<br /> 13. the order and/or judgment of a,federal, state'or local'court, dmini trative agency-or governmental
<br /> body'not caused by or prompted by N S ;s acts or failure to act;
<br /> C. the suspension,termination] interruption, denial or failure of renewal of any Consent essential to the
<br /> operation of the.Facility which is not the result of any act,failure,to act or negligence of l BSW, its
<br /> Affiliates, agents or contractors;
<br /> . a labor dispute,strife, wort slowdown or rorl ,sto oge involving es�sen %al errs loyees o"r eor�tra for
<br /> E. a "Change in Law" as defined below in Section 9;
<br /> WASTE DISPOSAL AGREEMENT Page°'
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