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If Contractor should fail to provide requested and necessary corollary services required as part of <br />this Contract, payment on up to two months' invoices may be withheld until such services are <br />provided. Corollary services include repairs or replacement of County and or Towns' property, or <br />private property due to damage caused by Contractor as part of the recycling operation. Any repairs <br />or replacement must be complete within thirty (30) days of damage. <br />In the event of severe weather or other event that necessitates the temporary cancellation of <br />recycling services, County may negotiate with Contractor and receive a reduction in cost of services <br />for services that were not rendered. In general, if services are temporarily canceled at County's <br />request, County will pay in full for services which are not performed (except as otherwise noted <br />within this Contract), and in such case County may request that Contractor provide said services on <br />a make-up day at no further cost to County. If Contractor is unable to provide service due to severe <br />weather or other event, County may negotiate with Contractor and receive reduction in the cost of <br />services, to be deducted from the invoice for the period during which services were not provided, or <br />from an invoice for any service period following that service period. Any reduction in the costs of <br />services shall be based upon the pro-rata -share of services not rendered minus Contractor's <br />verifiable overhead expenses plus any verifiable increased expenses (i.e. overtime costs incurred by <br />Contractor due to excessive amounts of recyclable materials having been held over during period of <br />cancellation). <br />SECTION 17 <br />Protection of Recyclable Materials <br />County agrees to take such steps as may be reasonably necessary to protect Contractor's ownership <br />of all Recyclable Materials placed in the recycling containers for collection by Contractor under the <br />terms of this Contract and may consider adopting anti-scavenging ordinances, if necessary, to <br />provide such protection. <br />SECTION 18 <br />Permits and Licenses <br />Contractor, at its sole cost and expense, shall maintain throughout the term of this Contract all <br />permits, licenses and approvals necessary or required for Contractor to perform the work and <br />services described herein, including but not limited to the collection of Recyclable Materials and <br />operation of the Processing Center. <br />SECTION 19 <br />Independent Contractor <br />Contractor shall perform all work and services described herein as an independent contractor and <br />not as an officer, agent, servant or employee of County. Contractor shall have exclusive control of <br />and the exclusive nght to control the details of the services and work performed hereunder and all <br />persons performing the same and nothing herein shall be constructed as creating a partnership or <br />point venture between County and Contractor. No person employed by Contractor, either as its <br />employee or its independent contractor, performing any of the work or services described hereunder <br />shall be considered an officer, agent, servant or employee of County, and no such person shall be <br />entitled to any benefits available or granted to employees of County. <br />14 <br />