Orange County NC Website
Browse       Search
48 <br />94. The County shall be solely responsible for the operation, maintenance, closure, <br />and post-closure of .the Landfill, exclusive of the LFG Project. The County shall also be <br />responsible with respect to the Landfill, exclusive of the LFG Project, for (a) operating and <br />closing the Landfill in compliance with all Landfill Permits and applicable Laws; (b) responding <br />to any notices of violation or compliance inquiries; (c) defending an ~~~enforcement actions; (d) <br />:. <br />resolving any claims; and (e) paying any associated penalties. <br />~~:~ ~• <br />95. Except to the extent caused by the negligeii ~,~operatlu~~~of~the LFG Collection <br />System by the University (or its contractors and agents), the County sha11'!5~'~0~ ly responsible <br />~,~~ <br />for defending any claims relating to the off-site migration of LFG or odors: ,pollution, or <br />~~, <br />nuisance conditions directly caused by such migration, including claims brought by a regulatory <br />agency, neighboring residents, businessesy;~or~tturd parties. <br />~ nik <br />E ~ <br />96. In no event shall either Pa~r~y be l ladle ' t~ ,the other Party for consequential, <br />r~. _ ~- <br />~~, <br />incidental, punitive, exemplary or indirect dam es, includu;~ but not limited to, loss of profits <br />or revenue, downtime costs, loss of use of any:- ~ro erty, or cost of substitute equipment or <br />~~' . <br />facilities, whetb.~~arising in tort, contract or otherwise. This provision shall survive the <br />expiratlor termina~i'r~if ~a~'fthis Agreement. <br />~~~ ~ <br />ARTICLE VI <br />r a r: _ <br />'~49~ '.-. Nothing in greement is intended by the Parties nor shall be construed as a <br />'49a.'.~e~'.~ ~5 ~M <br />~:4~,: v '~,r <br />,Sssys,{,. . ~.. { <br />waiver of an ~:i~ereign or `#' er immunity to which either Parry may be entitled to the fullest <br />~~. <br />~. <br />~,~ <br />extent allowed by L` ~ " <br />TERM AND TERMINATION <br />98. The initial term of this Agreement shall commence on the Closing Date and shall <br />expire on December 31, 2029, or on such other date on which this Agreement is terminated in <br />accordance with its provisions. Upon the expiration of the initial Term, the University shall have <br />25 <br />{0001863S.DOC 16} <br />