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SR0033424_ENG DESIGNED PLAN
Environmental Health - Public
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SR0033424_ENG DESIGNED PLAN
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Last modified
2/17/2021 5:01:01 PM
Creation date
2/17/2021 4:48:15 PM
Metadata
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EHD - Public
ProgramCode
4200 – Liquid Waste Program
FileName_PostFix
ENG DESIGNED PLAN
RECORD_ID
SR0033424
PE
4202
STREET_NUMBER
10948
Direction
S
STREET_NAME
AIRPORT
STREET_TYPE
WY
City
MANTECA
Zip
95336
ENTERED_DATE
4/9/2003 12:00:00 AM
SITE_LOCATION
10948 S AIRPORT WY
P_LOCATION
99
P_DISTRICT
003
QC Status
Approved
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EHD - Public
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Neil O. Ande.L n&Associates, Inc.,AdvanTexo Treatment System Service Contract <br /> Page 4 <br /> Associates,Inc.'s failure to perform any services in a good and workmanlike manner pursuant to <br /> C1, <br /> Section 5 above;provided,however,in no event shall Neil O. Anderson&Associates,Inc.'s <br /> liability to the Customer hereunder exceed the total of the amounts paid to Neil O.Anderson& <br /> Associates, Inc._hereunder by the Customer. In no event shall Neil O. Anderson &Associates, <br /> Inc. be liable to the Customer or any third-party claimant for any indirect, special,punitive, <br /> consequential or incidental damages or lost profits arising out of or related to this Agreement or <br /> the performance or breach thereof, whether based upon a claim or action of contract,warranty, <br /> negligence or strict liability of other tort,breach of any statutory duty, indemnity,or contribution <br /> or otherwise, even if Neil O. Anderson&Associates, Inc. has been advised of the possibility of <br /> such damages. <br /> 8.0 indemnity <br /> The Customer agrees to indemnify and hold Orenco and Neil O. Anderson&Associates, Inc. <br /> free and harmless from and against any and all claims,demands, liabilities, actions, losses, and <br /> damages of whatsoever kind or nature arising out of or relating to Neil O. Anderson& <br /> j Associates,Inc.'s performance of services or additional Services under this Agreement. <br /> 9.0 Termination/Cancellation <br /> 9.1 This Agreement may be terminated or cancelled in the following circumstances: <br /> 9.1.1 By either party at any time and for any or no reason upon ten(10)days prior notice from <br /> one party to the other. <br /> 9.1.2 Upon written notice by one party effective as of the effective date thereof if the other <br /> party is in default of any provision of this Agreement and such default is not cured by the <br /> defaulting party within fifteen(15)days after the effective date of said notice from the <br /> non-defaulting party. <br /> 9.1.3 Upon written notice by one party effective as of the date of the voluntary filing by the <br /> other party or,if not dismissed within ninety(90)days,the filing against the other party, <br /> of a petition in bankruptcy or a petition for reorganization, any assignment by such other <br /> party for the benefit of creditors, the appointment of a receiver or a trustee for such other <br /> party, or the placement of such other party's assets in the hands of a trustee or receiver. . <br /> 9.1.4 By Neil O. Anderson &Associates, Inc. or Orenco immediately and without notice in the <br /> event that any permit, license or certificate required by law or regulation to be held by the <br /> Customer is for any reason denied, revoked, or not renewed. <br /> 9.1.5 Upon failure of the Customer to make any required renewal fee payment per conditions in <br /> the System Owner Agreement. <br /> 9.2 In the event of any termination or cancellation of this agreement by Orenco or Neil O. Anderson <br /> &Associates, Inc., Orenco shall have the right to; <br /> a. Declare all amounts owed to Orenco or Neil O. Anderson&Associates,Inc. to be <br /> immediately due and payable; <br /> b. Enter the Customer's premises and repossess all materials, parts, and all other items <br /> owned by Orenco or Neil O.Anderson&Associates,Inc.; <br /> 1 <br /> C. Cease performance of all services and additional services without liability to the <br /> Customer. <br />
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