Agmt05 BFI Waste Systems - Laserfiche WebLink

Browse Search

1 2 11.06 Assurance of Performance. Each party may, at its option and in addition 3 to all other remedies it may have, demand from the other Party reasonable assurances 4 of timely and proper performance of this Agreement, in such form and substance as the 5 Party may require. If the other Party fails or refuses to provide satisfactory assurances 6 of timely and proper performance in the form and by the date required by the Party, 7 such failure or refusal shall be an event of default. 8 9 11.07 Damage to Property. Contractor shall endeavor to resolve all claims as 10 soon as reasonably practicable following receipt thereof, made by Owners or occupants 11 of property served by Contractor, for damages to property including, but not limited to, 12 Containers. In the event such damage shall have been caused by the negligence or 13 intentional acts of Contractor, its officers, agents, or employees, Contractor shall 14 promptly repair or replace such damaged property. The provisions of this Section 11.07 15 shall not be deemed a limitation upon any other provisions of this Agreement, or any 16 rights or remedies which may accrue to Agency by reason of Contractor's acts or 17 omissions to act hereunder. 18 19 11.08 Agency Remedies Cumulative; Specific Performance. The Agency's 20 rights to suspend or terminate this Agreement or to perform under Article 10 are not 21 mutually exclusive, and the Agency's exercise of one such right shall not constitute a 22 selection of remedies. Instead, they shall be in addition to any and all other legal and 23 equitable rights and remedies which the Agency may have. 24 25 26 ARTICLE 12 27 OTHER AGREEMENTS OF THE PARTIES 28 29 12.01 Relationship of Parties. The Parties intend that Contractor shall perform 30 the services required by this Agreement as an independent Contractor engaged by 31 Agency and not as an officer or employee of Agency nor as a partner of or joint venture 32 with Agency. No employee or agent or Contractor shall be or shall be deemed to be an 33 employee or agent of Agency. Except as expressly provided herein, Contractor shall 34 have the exclusive control over the manner and means of conducting the services 35 performed under this Agreement, and all Persons performing such services. Contractor 36 shall be solely responsible for the acts and omissions of its officers, employees, 37 subcontractors and agents. Neither Contractor nor its officers, employees, 38 subcontractors and agents shall obtain any rights to retirement benefits, workers' 39 compensation benefits, or any other benefits which accrue to Agency employees by 40 virtue of their employment with Agency. 41 42 12.02 Compliance with Law. In providing the services required under this 43 Agreement, Contractor shall at all times comply with all applicable laws (including but 44 not limited to the "Environmental Laws") of the United States, the State of California, Atty / Agr j 2005.022 060205 -63-