Agenda - 10-18-94 - VIII-C - Laserfiche WebLink

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Triangle Region Solid Waste Planners Committee Household Hazardous Waste October 28, 1993 6. Compensation and Payment. The Sponsor agrees to pay LES for its services in accordance with the price and terms of payment set forth in the attachments to this Agreement. Payment terms are net 30 days from invoice. The parties agree that damages for breach of Sponsor's obligations under this portion of the contract would be difficult or impractical to determine as a result of the difficulty of precisely measuring the additional administrative costs that LES incurs for delinquent accounts. Because of the difficulty in determining the damages resulting from Sponsor's breach of its obligation to make payment when due, LES and Sponsor agree that, in the event Sponsor fails to make payment when due, an amount equal to 1.5% per month will be added to all amounts outstanding for more than thirty (30) days. This amount will be calculated on the number of days in excess of thirty (30) days past the invoice date to the date payment is received at LES. Sponsor is responsible for notifying LES of any question concerning an invoice. In addition, Sponsor shall be responsible for collection agency or legal fees incurred in collecting payment of an invoice. Sponsor shall reimburse LES for taxes, tariffs, fees, surcharges, or other charges imposed by legislation or regulations enacted or promulgated after the execution date of this Agreement and levied specifically upon the transportation, treatment, storage, incineration, recycling or disposal of the waste upon thirty (30) days written notice of such change in legislation and upon submission by LES of evidence that such charges have been levied or paid. 7. Generator. The Sponsor shall be deemed to be the "Generator", for recordkeeping and paperwork purposes, of all Wastes accepted by LES during the Household Hazardous Waste Program from residents of the Sponsor's service area. 8. Licenses. LES certifies, that on the day of collection, it will have: a. Valid Environmental Protection Agency ("EPA") identification numbers for transportation and storage of hazardous and acutely hazardous wastes; and b. A valid (state) permit for transportation of hazardous wastes. 9. Insurance. LES shall procure and maintain, at its expense during the term of this Agreement, at least the following insurance covering the services to be performed under this Agreement: (a) Worker's Compensation - $1,00000 or statutory; (b) Employer's Liability - $5,000,000 per occurrence; (c) General Liability (bodily injury and property damage) - $5,000,000 per occurrence, $10,000,000 annual aggregate combined single limit; (d) Automobile Liability - $5,000,00 per occurrence combined single limit; (e) Environmental Impairment Liability for sudden accidental occurrences - $1,000,000 per occurrence, $2,000,000 annual aggregate; (f) MCS-90 Endorsement for hazardous materials transportation - $5,000,000. At least 10 days before the first collection day, LES shall provide the Sponsor with a Certificate of Insurance showing coverages a, b, c and d above, naming the Sponsor as certificate holder and noting the Sponsor's interest. LES shall also provide copies of documents demonstrating coverages e and f above. Laidlaw Environmental Services 44