Laserfiche WebLink
, <br /> and the environment. Excavated, contaminated soil should be <br /> managed off-site in accordance with all environmental laws. <br /> Provided that the City provides Owner/Operator with notice within thirty (30)working <br /> days of receiving a claim, and further provides Owner/Operator with an opportunity to <br /> defend said claim, Owner/Operator hereby releases the City from liability for breach of <br /> - this Agreement by others under permit and indemnifies the City against claims that may <br /> arise from others under permit causing a breach of this Agreement. Owner/Operator <br /> also agrees that its personnel, if any, at the Site who are aware of this Agreement will <br /> notify anyone they know is excavating in the Right-of-Way about this Agreement. <br /> 14. Should the City breach this Agreement, Owner/Operator's sole remedy is for an <br /> action for damages. Any and all claims for damages against the City, its agents, <br /> contractors, employees or its successors in interest arising at any time for a breach of <br /> paragraph 5 of this Agreement are limited to an aggregate maximum of$20,000.00. No <br /> other breach by the City, its agents, contractors, employees and its successors in <br /> interest of a provision of this Agreement is actionable in either law or equity by <br /> Owner/Operator against the City and Owner/Operator hereby releases the City, its <br /> agents, contractors, employees and its successors in interest for any cause of action it <br /> may have against them, other than as allowed in this paragraph, arising under this <br /> Agreement or environmental laws, regulations or common law governing the <br /> contaminated soil or groundwater in the highway Right-of-Way. Should the City convey, <br /> vacate or transfer jurisdiction of that highway Right-of-Way, Owner/Operator may <br /> pursue an action under this Agreement against the successors in interest, other than a <br /> State agency, in a court of law. <br /> 15. This Agreement is entered into by the City in recognition of laws passed by the <br /> General Assembly and regulations adopted by the Pollution Control Board which <br />� <br />