Orange County NC Website
Browse       Search
/ -1 ~ ~020 /,~ <br />^ ~ S,G <br />_Please return this copy to the Clerk to the Board's <br />office for permanent agenda files a01.2 - d ~~ <br />STATE OF NORTH CAROLINA A.DDENDUM TO AGREENffi~1T FOR LSC <br />II~TVIRONMBNTAL PRODUCTS, LLC ' <br />ORANC3B COUNTY ~ <br />Addendum to that c~rtain Agreemettt effecdve February 1, 2010 between Orange County, on behalf <br />of its Dcpart~nant of Solid Waste Managemont, herein referred to as "Lessee"~ and LSC <br />Bnvironmontal Products, Li.C~ herein roferred to as "Ixssor" for services during the continued <br />operation of the Oienge County Landfill, hcrein referir.d to as "landfilL" <br />In consideration of the mumal pmmises and conditions set forth h~rdn, the Lessee and Lessor agree <br />w am,end the Agreernent as follows: <br />Terme of Asreemen~ ~ ~ <br />Th~ Agc~nant ahsll be amended ss provided in Attachmant A, attached her~to and incorporated <br />herein. Addittonally the following Sections in Attachment A are amended as pmvided herein: <br />I.essor <br />Company name is hereby notcd as LSC Environmental Prodnets, LLC, (formerly Landfill Service <br />Corporaflon). <br />Standard Conditions <br />2.8 Limited Watrantv. Lessor wairants from manufacUu~ers defects the parts described; diesel <br />power unit (not including componcnt parts), hydraulic pumps 8t motors, axles 8c springs, <br />throttle and pump control levess, progressing cavity pump, hydraulitc oil cooler and fan for <br />the period of this Agreement, imclu ' any extensions thereof, and upon reccipt by the <br />Lessor of the malftmctioning part subject W waasnty, the Lessar shall, within 24 hours, if <br />possible, ship to the I.essee the waxranted part propealy repaired or, in the altemative, a new <br />part at the sole cost of the Lessor. The Lessee shall be rasponsible for all 18bor associated <br />with the removal and replacement of the defective pazt Service provided by the Lessor shall <br />be invoiced at $85.00/hour far travel and labar. The Lessor makes no watranties, aither <br />eapre~s or implied, as to any matter whatsoever, oth~r than those warranties inclnded herein, <br />inclnding, without limitation, the condition of the Application Eqnipment, its merchantability <br />a~ its f tness for any ~rdcular pnrposes provided, however, the Leasor does warrant that the <br />Applicatioa Eqnipment is suitable for the application of the Lic~nsed Products in the <br />Terrltory. ' <br />2.11 jp~g. To.the eatent,permitted by North Carolina law. Lessee shaIl keop the Application <br />Bquipment insared against all risks of loss or damage from every cause whatscever for not <br />less than the futl replacement value (as specified in 2.9 above) and ehall cazry pnblic liability <br />and property damage insurance covering opcration of the Application Equipment The Lessee <br />shall name the Lessor as loss payee on any policy covering the Application Equipment as <br />specified in 2.9 (c) above ~nd also the Lessor shall be named as ~dditional insured undor any <br />Comprehensive Ganeral Liability policy cov~ring the operation of the Application <br />EqniPmen~ <br />2.13 To the axtent pennitted'bv North Carolina law. The Lessee shall indemnify the Lessor <br />against and hold the Lessor harmless from any and all claims, acdons, suits, proceedings, <br />costs, expenaes, damages and liab~lities, including reasonable attorney's fees, arising out of or <br />connected with or resolting from the possession, use, operation or iet~rn of the Application <br />