Conference/Public Meeting Agenda/Documents — Packet

6. Failure to accept and process at no cost to the Township Vegetative Waste generated by the Township and delivered to the Facility by the Department of Public Works for the Township. 7. Any breach of any provision of this agreement. 2.24 PERFORMANCE BOND AND INSURANCE Before commencing the Work, the Operator shall furnish to West Orange the following: a A Performance and Payment Bond will be required at the time of the signing of the contract. It must be a Performance and Payment Bond, in the form acceptable to the West Orange Township Attorney, and in an amount equal to $1,000,000, duly executed by the successful Respondent (Operator), as principal and by a reputable surety company rated A+ or better by A.M. Best Company’s Insurance Ratings licensed to do business under the laws of and in the State of New Jersey and satisfactory to the Township of West Orange. The Performance Bond must specifically provide that it will indemnify and pay all costs related to any actions caused by the Operator’s use of the Facility. This specifically includes but is not limited to costs and expenses incurred by any adverse governmental. ---regulatory action: and-costs-and-expenses potentially-incurred to-transport- and dispose of the Township’s Vegetative Waste at sites other than the Facility. If the Surety on the Bond furnished files bankruptcy or becomes insolvent or its right to do business is terminated, or it ceases to meet the requirements stated herein, the Operator shall within five (5) days thereafter substitute another Bond and Surety from a reputable surety company tated A+ or better by A.M. Best Company’s Insurance Ratings licensed to do business in the State of New Jersey acceptable to the Township of West Orange. Worker’s Compensation Insurance per state requirements; A comprehensive General Liability Policy with a combined single limit of $2,000,000 for bodily injury and property damage. The policy shall include coverage for “XCU” exposures and completed operations coverage. An Automobile Public Liability and Property Damage Policy with a combined single limit of $2,000,000.00 for bodily injury and property damage. All certificates of insurance shall stipulate that the insurance will not be changed or canceled without giving thirty - (30) days prior written notice to the Township of West Orange by registered mail, Any notice of termination shall

l stipulate that the insurance will not be changed or canceled without giving thirty - (30) days prior written notice to the Township of West Orange by registered mail, Any notice of termination shall constitute an immediate default and permit the Township to immediately terminate this agreement. 27