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M <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 />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. Nan - 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 <br />per Gallon <br />Price Adjustment per Mile <br />$1.75 <br />- $1.99 <br />($0.05) <br />$2.00 <br />- $2.74 <br />No Adjustment <br />$2.75 <br />- $3.24 <br />Plus $0.05 <br />