Orange County NC Website
31 <br /> solid waste reduction activities. The County shall not use System Revenues to pay costs of <br /> collecting Solid Waste in unincorporated areas of the County. <br /> (b) The County shall in no event be required to use assets or funds other than those of <br /> the Solid Waste System to fulfill its obligations under this Agreement, including its obligations <br /> under Section 2.03(a)but excluding its obligations under Section 2.04. <br /> A_5.11. Risk Management The County covenants that it will maintain a practical <br /> program of insurance and risk management, with reasonable terms, conditions, provisions and <br /> costs, which the County determines (a) will afford the County adequate protection against loss <br /> caused by damage to or destruction of the Solid Waste System or any part thereof and (b) will <br /> provide reasonable liability protection for bodily injury and property damage resulting from the <br /> construction or operation of the Solid Waste System. <br /> Any such insurance policies contracted by the County to provide for the risk coverages <br /> required by this Section shall be carried with one or more responsible insurance companies <br /> authorized and qualified to assume the risks thereof. The County shall have the right to provide <br /> for the risk coverages required by this Section, in whole or in part, by means of a reasonable and <br /> prudent program of self-insurance, pooled risk coverages or other alternative means of risk <br /> management <br /> All insurance polices and other risk coverages provided for in this Section shall be for the <br /> County's benefit, and the County shall have the exclusive right to receive any amounts <br /> recoverable under such coverages. The County shall apply any amounts recovered under such <br /> coverages (net of any expenses of collection) in its discretion for the benefit of the Solid Waste <br /> System. <br /> 5.12. Miscellaneous, The County and the Towns shall cooperate in preparing and <br /> submitting any reports that a Party may be required to file with governmental authorities, such as <br /> the State's Division of Waste Management. The County shall also be generally responsible for <br /> solid waste reporting,planning, regulatory compliance and similar matters. <br /> / 5.13_ Reservation of County's Rights. Notwithstanding any provision of the Solid <br /> Waste Management Plan or this Agreement to the contrary, the County shall in all events be <br /> entitled to operate the Solid Waste System and all its facilities, and may adjust any and all rates, <br /> fees and charges, as it may in its reasonable discretion deem reasonably necessary (a) to comply <br /> with any requirements of any applicable law or regulation or any court order, administrative <br /> decree or similar order of any judicial or regulatory authority, (b) to comply with the <br /> requirements of any contracts, instruments or other agreements at any time securing Outstanding <br /> System Debt, (c) to pay unfinanceable costs related to the acquisition of the New Solid Waste <br /> Management Site, or(d)to pay costs of remediating any adverse environmental conditions at any <br /> time existing with respect to the Solid Waste System. <br />