R2005-154 AUTHORIZING AGREEMENT - Laserfiche WebLink

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� , . access to contaminated soil or groundwater is governed by Tiered Approach to Corrective-Action Objectives ("TACO')Agreements. The permittee shall take nzeasures before, during and after any access to these sites to protect worker safety and human health and the environment. Excavated, contaminated soil should be managed off-site in accordance with all environment laws. Owner/Operator hereby releases the City from liability for breach of this Agreement by others under permit and indemnifies the City against claims that arise from others under permit causing a breach of this Agreement. Owner/Operator agrees that its personnel, if any, at the Site who are aware of this Agreement will notify anyone they know is excavating in the Right-of-Way about this Agreement. 15. Should the City breach this Agreement, Owner/Operator's sole remedy is for an action for damages in the Illinois Court of Claims. Any and all claims for damages against the City, its agents, contractors, employees or its successors in interest arising at any time for breach of paragraph 5 of this Agreement are limited to an aggregate maximum of$20,000.00. No other breach by the City, its agents, contractors, employees and it successors in interest of provision of this Agreement is actionable in either law or equity by Owner/Operator against the City ar them and Owner/Operator hereby releases the City, it agents, contractors, employees and its successors in interest for any cause of action it may have against them, other than as allowed in this paragraph, arising under this Agreement or environmental laws, regulations or common ]aw governing the contaminated soil or groundwater in the highway Right-of-Way. Should the City convey,vacate, or transfer jurisdiction of that highway Right-of-Way,Owner/Operator may pursue an action under this Agreement against the successors in interest,other than a State agency, in a court of law.