HomeMy WebLinkAboutRichmond County Landfill
Augusta Richmond GA
DOCUMENTNAM-:K ichrrord CoUh+j lQY'df) I I
DOCUMENT TYPE: A'J YeL\'Y'e n+
YEAR: I qc/ 7
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BOX NUMBER: j
FILE NUMBER: \~lJJ<6[)
NUMBER OF PAGES:
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WAIVER AND RELEASE AGREEMENT
PROJECT SITE: Richmond County Landfill
This Waiver and Release Agreement (Agreement) is entered into this If day
of iIlAi'c/J- , 199 If' , between ~tem Technology Center, Inc.,
(hereinafter "STC" and _~ ) -A cs... (hereinafter
"Releasor").
RECITALS
A. Southeastern Teclmology Center is a Georgia non-profit corporation located in
Augusta, Georgia. The SIC has entered into a cooperative agreement with the
De?".r!ment of Er.ergy/Savannah River to provide project manage!l1r:.nt fun.ctions
associated with regional environment cleanup initiatives, including project identification,
prioritization, selection and management of Contractors. The obj'&ctive of the
environmental cleanup initiatives is to apply state-of-the-art remedial technologies to
selected project sites for the purpose of 1) developing commercial environmental
businesses using DOE/SR developed technologies transferred to entrepreneurs and 2)
effecting environmental restoration of selected sights in the following five counties:
Columbia County, Georgia; Richmond County, Georgia; Aiken County, South Carolina;
Barnwell County, South Carolina; and Allendale County, South Carolina.
B. Releasor has entered into this agreement in good faith, for the purpose of utilizing
the environmental restoration resources available through STC's cooperative agreement
with DOE/SR. In consideration, Releasor hereby waives, and releases STC from
liability, for any and all claims arising out of environmental activities at the project site.
C. By entering into this Agreement, Releasor fully and completely waives and
releases STC from all liability for Claims, demands, actions, causes of action and rights
of any kind between the Releasors and STC relating to STC activities at the project site.
Now, therefore, in consideration of the mutual covena.TJts and promises contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
AGREEMENT
1. Release.
(a) Releasor, on behalf of itself, its successors and assigns and its current and former
affili.:ttes, subsidiaries, divisions and related business entities, agents, employees,
shareholders, partners, officers, directors, attorneys, insurers and representatives of any
kind whatsoever; hereby RELEASE, AQUIT AND FOREVER DISCHARGE SIC, its
past, present and future affiliates, subsidiaries, divisions and related business entities,
agents, employees, shareholders, partners, officers, directors, successors, assigns,
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attorneys, insurers and representatives of any kind whatsoever, of and from any and all
Claims, demands, damages, actions, causes of action, debts, costs, loss of services,
expenses, compensation, liabilities or controversies of any kind whatsoever, whether
known or unknown, latent, patent, non-existent at the present time and which may arise
in the future or are unanticipated at this which Releasor, or Releasor's predecessors,
sw;cessors or assigns may have against STC, arising out of, resulting from, or in any way
related to STC activities at the project site, which shall include, but not be limited to,
Claims arising from any alleged act, breech of contract (express or implied), reckless or
intentional conduct or any obligations allegedly incurred in connection with the
environmental restoration of the project site. It is UNDERSTOOD and AGREED that
thi:; is a FULL and COMPLETE RELEASE made to FULLY COMPROMISE any
and all Claims of every nature and kind whatsoever, of Releasor against STC in
cormection with or relating to the environmental restoration of the project site.
The release provided in subparagraph (a) of this Paragraph 1 include, without limitation:
(i) damage to the Property, including the unimproved land, structure and improvements,
(ii) damage to personal property, (iii) personal or bodily injury, including emotional
distress, and (iv) economic loss.
(b) Releasor fully understands that the facts presently known to them may later be
found to be different, and expressly accepts and assumes the risks that the facts may be
found to be different. This Agreement, and the releases contained herein, shall be
effe:ctive in all respects and shall not be subject to termination or rescission because of
any such difference in facts.
2. Good Faith.
(a) The Parties to this Agreement agree and acknowledge that all negotiations by
them and their representatives in connection with the environmental activities at the
project site have been conducted in complete good faith_ This Waiver and Release has
been achieved between the Parties without evidence of bad faith, collusion, unfair
practices or tortious conduct of any kind which is injurious to the interest of the Parties or
of non-participating individuals or entities.
3. Entire A2Teement - No Oral Modifications.
(a) This Agreement constitutes the entire integrated agreement between Releasor and
STC and fully supersedes any and all prior understandings, representations, warranties or
agreements pertaining to the subject matter of this Agreement. No oral agreements,
understandings or representations shall change, modify or amended any part of this
Agreement. This Agreement may be modified only by a written agreement fully
executed by both Releasor and STC
4. Binding Effect.
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(a) The terms of this Agreement shall be binding upon, and shall inure to the benefit
of Releasor and STC and their respective successors and assigns.
4. Choice of Law.
(a) This Agreement shall be governed by and construed in accordance with the laws
of the State of Georgia. If any provision of this Agreement or any provision hereafter
adopted shall for any reason be found to be inapplicable, invalid, illegal, or
unenforceable in any respect, such inapplicability, invalidity, illegality, or
unenforceability shall not affect any other provision of this Agreement, but the
Agreement shall be construed as if such provision had never been contained herein or, in
the alternative, such provision shall be modified to the extent of such inapplicability,
invalidity, illegality, or other unenforceability.
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In Witness Whereof, Releasor and STC have executed this Agreement as of the day and
year first written above.
SOUTHEASTERN TECHNOLOGY
CENTER, INC.
By: ~<( ~ f?/J?-
Its: -"President/CEO
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,4-7-f~"1'By:
Its:
D~!l3~~ont Head-fi!!:
CI..y t.~~om/)y. ;)
A. . '-."r"to" U~ r
urn!m...~.;)l i .
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