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r,
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<br /> ur I' a .the Warranties and ln'demn f catibnsexpressly made by each Party hereunder shall survive
<br /> termination of this Agreement.
<br /> im Counterparts. This Agreement may he executed in more than one counterp8rt; each of which shall he
<br /> ,
<br /> deemed to he an original, but all of which shall he deemed th*e same instrurrnent. Facsimile and
<br /> portable document format(PDF) copies of signatures shall he deemed original signatures.
<br /> i
<br /> K. per �. . if anyprovision of this,Agreement shall for any reason be determined to be invalid,
<br /> Illegal, or unenforcealle'in any respect,the Parties hereto shall negotiate in good faith and agree t
<br /> such amendments, modification , or supplernents'of or to this Agreement or such others appropriate
<br /> actions as shall,to the maximum extent practicable in light of such determination, Implement and give
<br /> effect to the int nti ns of the Parties as reflected herein, and the other provisions oft this Agreement
<br /> all as so ame'nded modified or supplemented, or otherwise affected by such action,:remain in full
<br /> force and effect.
<br /> DISPOSAL,18. MERCURY Zero Waste Solution, LL ZWs will provide to the Town free disposal of mercury-
<br /> ofcontainin products such as thermostats and light bulbs, so that mercury is disposedproperly
<br /> PRODUCT190 HOUSEHOLD HAZARDOUS L . NWT shall pays to the gown annually the amount of
<br /> $2,000 to he used to helpoffset costs associated with its reciprocal Household Haz
<br /> ardous
<br /> ous rodtact HHP)
<br /> collections. Said payment shall he made no laterthan'March 1 of each year. TheTown,may use said
<br /> funds as it sees-fit for publication and/or Maifi r� brochures,for H vend r set-upcharges r for costs
<br /> �► �
<br /> associated with the disposal Of products collected.
<br /> 20. I �" ''�"
<br /> DEMOLITION. � S agrees to acce t fro�rn the Town and f
<br /> �from its residents
<br /> demolition materials & at a reduced tip fee at its facility at 295 Service Road
<br /> construction and dam d �n
<br /> e
<br /> Sandwich,.MA. For the first two years of this Agreement,the tip fee shall he$82 per;ton. For each
<br /> subsequent year of this gree.ment, c�ommencin, on January'1, 2.o 7,the tip fee shall increase by a
<br /> . .
<br /> negotiated amount not to exceed a maximum of 2.5 .
<br /> 2-1. "'CHANGEt " means any of the folio in events or cond-itions 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 /> to have a material and adverse effect on'the operations of the Facility, if such
<br /> . Agreement or demonstrated .
<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 o the party asserting the occurrence
<br /> of a change in law. (a)the enactment, adoption, promulgation, it plementation, repeal or modification
<br /> after e Date of any Federal, state, count torn or local la g, charter, ordinance, code, rude,
<br /> a
<br /> regulation, guideline, policy, standard or similar requirement, or change in interpretation or enforcement
<br /> e without
<br /> effective tan further action l� any federal, state or local governmental hody�,
<br /> thereof to become eff "y "y ,
<br /> administrative agency.or governmental official having jurisdiction, or h the imposition, after the-Effective
<br /> Date of any material conditions on the issuance, maintenance or renewal of bny Consent,which in the
<br /> case of a and/or* k establishes individually or in the aggregate, requirements that materially increase
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<br /> WASTE DISPOSALAGREEMENT
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