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3 <br /> SPECIAL REQUIREMENTS: <br /> a. Hold Harmless. Central Carolina Tire agrees to protect, defend, indemnify and <br /> hold harmless the County form all loss, liability, claims or expense (including <br /> reasonable attorneys' fees) arising from bodily injury, including death or <br /> property damage to any person or persons caused in whole or in part by the <br /> negligence or willful misconduct of the Central Carolina Tire except to the <br /> extent same are caused by the negligence or misconduct of the County. <br /> b. Termination. This Contract may be terminated according to either of the <br /> following provisions: <br /> 1. Default: if either party hereto deems the other party hereto to be in default <br /> of any provision hereof, the claiming party shall provide notice in writing <br /> to the defaulting party of said default. If said defaulting party fails to <br /> correct the default within twenty (20) working days from the date of notice, <br /> the other party may terminate this contract immediately. In case of such <br /> termination the party terminating this contract shall forthwith give the other <br /> party written notice of such termination. <br /> 2. Mutual Agreement: This Contract may be terminated by mutual agreement <br /> of the parties hereto, at any time. <br /> c. Non-waiver. Failure by County at any time to require the performance by <br /> Central Carolina Tire of any of the provisions hereof shall in no way waive or <br /> affect the County's right hereunder to enforce the same, nor shall any waiver <br /> by the County of any breach be held to be a waiver of any succeeding breach <br /> or a waiver of this Non-Waiver Clause. <br /> d. Non-assignment. Central Carolina Tire shall not assign all or any part of this <br /> Agreement, including rights to payments, to any other party without the prior <br /> written consent of the County. <br /> e. Entire Agreement. The parties have read this Agreement and agree to be <br /> bound by all of its terms, and further agree that it constitutes the complete and <br /> exclusive statement of the Agreement between the parties unless and until <br /> modified by a writing signed by the parties. <br /> f. Fuel Surcharge Adjustment. The rate for services as described in the agreement <br /> for removal of scrap tires shall remain at $80.86 per ton with a fuel surcharge <br /> to be added to each load using the following formula: <br /> Price per Gallon Price Adjustment per Mile <br /> $1.75 - $1.99 $0.05 <br /> $2.00 - $2.74 No Adjustment <br /> $2.75 - $3.24 Plus $0.05 <br /> 3 <br />