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Agreement, it ~ing further specifically ~derstood and agreed b <br />and between the y <br />parties, with respect to the aforesaid <br />compensation that the compensation to be paid will be based upon <br />predetermined refuse truck capacities which are agreed upon <br />between the Contractor and the City. <br />In the event Contractor and city are unable to reach a mutually <br />acceptable arbitrator, each party shall nominate one arbitrator <br />and the arbitrators so nominated by the parties shall select a <br />third arbitrator who will act~with them as a three-member <br />arbitrator panel to decide the disagreement between the parties by <br />the concurrence of a majority of such panel. Costs for such <br />arbitration shall be borne equally by Contractor and City. <br />(A) Open hours and holidays. The Contractor shall <br />keep the site open for the receiving of municipal solid waste <br />from 7:30 a.m. to 4:30 p.m. Monday through Friday and 8:00 <br />a.m. to 12:00 noon Saturdays, except holidays. <br />(B) Time of payment. The Contractor shall invoice <br />the City monthly, invoices to be submitted as the last of <br />each month, accompanied by tickets which are collected by <br />Contractor as refuse trucks make deliveries, and shall <br />include the last full week of each month. Invoices shall be <br />paid by the City monthly, not later than the 10th of the ' <br />month following the month for which the invoice is rendered. <br />(C) Contractor shall accept for disposal all <br />residential and commercial garbage and trash generated in the <br />City of La Porte including that collected by private haulers <br />and that brought to the landfill by private citizens and <br />shall make a reasonable charge to disposal therefore, which <br />charge shall bear a reasonable relationship to the charges <br />made to the City hereunder. <br />(4) INSURANCE AND WORKMEN"S COMPENSATION. It is <br />understood and agreed between the parties that, in entering into <br />the foregoing Agreement, the Contractor is acting as an <br />independent Contractor and is in no way the agent or employee of <br />the City. In this respect, it is also agreed as follows: <br />(A) Liability Insurance. The Contractor shall be <br />responsible for any personal injury to any person and for any <br />damage to property suffered by the public or by any private <br />person that may be sustained through, or on account of, any <br />negligence, failure or fault of the Contractor, or its agents <br />or servant, in complying with and carrying out the terms of <br />this contract,' and for any negligence which may occur as a <br />fault of the Contractor, and Contractor shall save and hold <br />harmless City from any such liability, and the Contractor <br />shall carry Public Liability Insurance in an amount not less <br />than $300,000.00 for injuries, including accidental death, to <br />any one person and, subject to the same limit for each <br />person, in an amount not less than $500,000.00 on account of <br />