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18 <br />SECTION 24 <br />Indem i <br />Contractor agrees to defend, indemu~ify, and hold harmless County from all loss, liability, claims or <br />expense (including 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 negligence or willful <br />misconduct of Contractor except to the extent same are caused by the negligence or misconduct by <br />County. County agrees, to the extent allowed by law and to the extent of insurance policies owned <br />by County, to defend, indemnify, and hold harmless Contractor from all loss, liability, claims or <br />expense, including death or property damage, to any person or persons caused in whole or in part by <br />the negligence or willful misconduct of the County except to the extent same are caused by the <br />negligence or misconduct by Contractor: <br />SECTION 25 <br />erminatio <br />a) In the event Contractor materially defaults in the performance of any of the material covenants <br />or agreements to be kept, done or performed by it under the terms of this Contract, County shall <br />notify Contractor in writing of the nature of such default. Within fifteen (15) days following <br />such notice: <br />i. Contractor shall correct the default; or <br />ii. In the event of a default not. capable ofbeing corrected within fifteen (15) days, Contractor <br />shall commence correcting the default within fifteen (15) days of County's notification <br />thereof, and thereafter correct the default with due diligence. <br />b) If Contractar fails to correct the default as provided above, County, without fiu~ther notice, shall <br />have all of the following rights and remedies which County may exercise singly or in <br />combination: <br />The right to declare that this Agreement together with all rights granted Contractor <br />hereunder are terminated, effective upon such date as County shall designate; <br />ii. The right to license others to perform the services otherwise to be performed by Contractor, <br />or to perform such services itself; and <br />iii. In the event of a default not capable ofbeing corrected because of damage to the Processing <br />Center, due to force majeure, County may provide Contractor with a suitable temporary <br />location for conducting processing and drop-off services. <br />c) The following maybe considered causes for possible termixiation of the contract: <br />The death or injury requiring hospitalization of an individual, other than employees of the <br />Contractor, caused by the Contractor in carrying out this recycling contract where the <br />Contractor is at fault. <br />ii. More than one incidence of greater than $20,000 property damage to property by the <br />Contractor while performing the recycling contract where the Contractor is at fault. <br />