Rescind Approval of Contract - Republic Services of Indiana - Disposal of Special Waste

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of the waste transported and/or disposed of by or on behalf of the City at the Facility following discovery of potentially Unacceptable Waste; and (e) Republic's inability to use the Facility due to the presence of Unacceptable Waste, as identified pursuant to Section 15, including without limitation any consequential damages. Republic may also, in its sole discretion, require City to promptly remove the Unacceptable Waste, as identified pursuant to Section 15, at City's sole expense. This indemnification and other obligations stated in this paragraph shall survive the termination of this Agreement. Section 24. Continuing Compliance. The City has a continuing obligation to inform Republic of any new information, or information not previously provided to Republic by City which may affect the acceptability of the waste by Republic. Further, the City shall comply with all Republic's requests for evidence of City's continuing compliance with the terms of the Agreement including but not limited to the following: (i) providing new, updated Special Waste profiles on the waste(s) offered for disposal or, (ii) providing appropriate certification that the waste being offered for disposal is accurately reflected by the appropriate Special Waste Profile or, (iii) re -sample the waste at City's expense if reasonable cause exists as to its acceptability under the terms of this Agreement or, (iv) allow Republic to re -sample the waste at City's expense if reasonable cause exists as to its acceptability under the terms of this Agreement or any Acceptable Waste Documentation. Section 25. Miscellaneous. (a) Republic shall have no confidentiality obligation with respect to any Special Waste. (b) Unless specifically provided for in this Agreement, Republic provides no guarantees or warranties with respect to the Services. (c) Republic may provide any of the Services through any of its affiliates or subcontractors, provided that Republic shall remain responsible for the performance of all such services and obligations in accordance with this Agreement. (d) This Agreement shall not be modified or amended except by written agreement duly executed by the parties. (e) If any provision of this Agreement is declared invalid or unenforceable, it shall be modified so as to be valid and enforceable as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. (f) Failure or delay by either Party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. (g) If any litigation is commenced under this Agreement, the Parties waive the right to a jury trial. (h) The Parties agree that electronic signatures are valid and effective, and that an electronically stored copy of this Agreement constitutes proof of the signature and contents of this Agreement, as though it were an original. (i) This Agreement may only be enforced by the Parties, and there are no third -party beneficiaries of its terms and conditions. This Agreement shall not limit, in any manner, Republic's legal rights as to third parties. [Signatures on Following Page]