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i <br />provided, however, that the Company will not be liable for any Losses to the extent <br />caused, resulting from or arising out of or in any way connected with a willful or <br />negligent act or omission of the County, its elected and appointed officers, agents, <br />servants and employees. <br />15. Damage Claims — The Company shall be responsible for any damage to real or personal <br />property to the extent caused by the Company's employees, agents or servants in <br />performing the Services under this Agreement. <br />The Company shall notify the Solid Waste Superintendent or his /her authorized <br />representative of any damage claims as soon as practicable. The Company shall provide <br />the Solid Waste Superintendent or his /her authorized representative with a full <br />explanation of the resolution of the damage claim. <br />16. Grant or Right — The Company will be the only person or entity authorized by the County <br />to provide the services set forth in Attachment A to this Agreement within the <br />jurisdictional boundaries of the County. <br />17. Force Maieure - The parties shall not be liable for failure to perform under this <br />Agreement (other than failure to pay amounts due hereunder) if that failure arises out <br />of causes beyond the control and without the fault or negligence of the party relying <br />thereon. Such causes may include, but not necessarily limited to, act of the government <br />in its sovereign or contracted capacity, fires, floods, strikes, epidemics, quarantine <br />restriction, freight embargoes, and unusually severe weather; but in every case the <br />failure to perform must be beyond the reasonable control and without fault or <br />negligence of the party relying thereon. <br />18. Miscellaneous <br />(a) Entire Agreement — This Agreement constitutes the entire understanding <br />between the parties, and cancels and supersedes all prior negotiations, understandings <br />and agreements, oral or written, relating to the provision of the services described <br />herein. <br />(b) Execution in Counterparts — This Agreement may be executed in several <br />counterparts, each of which shall be an original and all of which shall constitute but one <br />and the same instrument. <br />(c) Independent Contractor — The Company is an independent contractor and <br />nothing contained in this Agreement shall constitute or designate the Company, any of <br />its agents or employees as agents or employees of the County. <br />Page 8 of 9 <br />