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Agenda - 08-07-1997 - 3
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Agenda - 08-07-1997 - 3
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8/6/2013 4:53:01 PM
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8/6/2013 4:52:46 PM
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BOCC
Date
8/7/1997
Meeting Type
Work Session
Document Type
Agenda
Agenda Item
3
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Minutes - 19970807
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\Board of County Commissioners\Minutes - Approved\1990's\1997
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(b) The Parties agree that the Greene Tract does not constitute any part of the <br /> Existing System Assets for any purpose of this Agreement. The Parties further agree that <br /> they do not intend, by the Transfer, to revive any easement across the Greene Tract for <br /> the benefit of the property known as the "Neville Tract." <br /> 2.03. Liabilities. (a) Under the Transfer Agreement, the County shall <br /> assume all liabilities, including environmental liabilities, related to the ownership of the <br /> Solid Waste System, including, to the extent permitted by law, all liabilities related to the <br /> ownership of Existing System Assets which may have accrued prior to the Closing. <br /> (b) Under the Transfer Agreement, the Parties shall retain their individual <br /> liability, if any,under environmental laws and otherwise, related to their respective use of <br /> the Solid Waste System both before and after the Closing (as, for example, any liability <br /> arising from their delivering, or causing to be delivered, Solid Waste to System <br /> Management Facilities). <br /> (c) The Parties acknowledge that the County's assumption of certain liabilities <br /> pursuant to the Transfer Agreement, as described in subsection (a) above, will not limit, <br /> and is not intended to limit, the ability of any governmental authority to impose, or to <br /> seek to impose, environmental or other liability directly on a Party (as, for example, any <br /> liability accruing to the current owners of the Existing System Assets as a result of their <br /> status as owners prior to the Closing). <br /> (d) The County shall not assume any indebtedness of Carrboro or Chapel Hill. <br /> Furthermore, by this Agreement and the County's agreement to acquire assets and assume <br /> liabilities as provided in Section 2.01, the County does not assume any indebtedness of <br /> Carrboro or Chapel Hill. <br /> 2.04. Delivery of Solid Waste and Recyclables. As additional consideration <br /> for the Parties'respective and mutual undertakings under this Agreement and the Transfer <br /> Agreement, the County and the Towns all agree to deliver, or cause to be delivered, to <br /> System Management Facilities for disposal or processing, respectively, all Solid Waste <br /> and County Recyclables under their respective control, including (without limitation) all <br /> Solid Waste and County Recyclables collected by any Party's employees, solid waste <br /> collection contractors, solid waste collection licensees or solid waste collection <br /> franchisees; provided, however, that there shall be no such obligation to deliver Other <br /> Recyclables to System Management Facilities. <br /> 2.05. Treatment of Solid Waste System Employees. (a) All of the <br /> System Employees will be transferred to the County and become County employees <br /> subject to the supervision of the County Manager in the same fashion as other County <br /> employees. <br /> 4 <br />
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