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Home My WebLink AboutSoutheastern Technology Center Augusta Richmond GA DOCUMENT NAME: 500-\\' e.CA.S-f--e rn T.e ch () () } () j':) Ce i1.+e, DOCUMENT TYPE: .0 9yee ~ 1-- YEAR 19~& BOX NUMBER: I FILE NUMBER: ! f) 750 4 NUMBER OF PAGES: 7' 1 ::':\'3: ' ;' r .: ~::~.J;~l~t,.~~:~. It1f}:..rrarnaflW[E. ffi)' .LARRY E..SCONYERS IV ~U ' Chalnnan '. ~ .., j.L.:~t., FREDDIE L HANDY , . (. ~f f V,c&-Chalrman t1! FEB 5 1QQ6 ';ruu~ HENRY H. BRIGHAM JERRY BRIGHAM Wm. "WillIE' H. MAYS, III lEE NEEl, III . J. 8, POWEll MOSES TODD RICHMOND COUNTY BOARD Of COMMrr~~d~lFt!~ERS OFFICE ROOM 605 . CITY-COUNTY MUNICIPAL BLDG. (11) AUGUSTA, GEORGIA 30911 Bus. (706) 821-2488 Fax No. (706) 722-5984 February 2, 1996 Mrs. Linda W. Beazley, Administrator of Suburban Services Municipal Building (11) Augusta, Georgia 30911 Dear Linda: LINDA w. BEAZLEY County Administrator WAL TER S. HORNSBY, III Ass!. County Administrator JAMES B. WALL Coun.y Allomey Reply To: P. O. BOX 2125 Augusta. GA 30903 Please place on the agenda for the. n~xt Engineering Services Committee meeting to. consider approval of 'the attached agreement between Southeastern Technology Center, Inc. and Richmond County. ~ Thanking you and with best personal. regards, I am LSD:hbs Enclosure Yours very truly, /~/-'-~ LORI S. D'ALESSIO '"' WAIVER AND RELEASE AGREEMENT PROJECT SITE: This Waiver and Release Agreement (Agreement) is entered into this ~ If day of h~"..... '7 . 199~, between South~stern Technology Center, Inc., (hereinafter "STC") and R. c..h /.4AfP."..1 c..'p - -t:; (hereinafter "Releasor"). RECITALS A. Southeastern Technology Center is a Georgia non-profit corporation located in Augusta, Georgia. The STC has entered into a cooperative agreement with the Department of Energy/Savannah River to provide project management functions associated with regional environment cleanup initiatives, including project identification, prioritization, selection and management of Contractors. The objective 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 STCs cooperative agreement with DOE/SR. In consideration, Releasor hereby waives, arid releases STC from liability, for any and all claims arising out of environmental restoration efforts on 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 Releasers and. STC relating to the environmental restoration of the project site. 'l Now, therefore, in consideration of the mutual covenants 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 affiliates, 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 STC, its past, present and future affiliates, subsidiaries, divisions and related business entities, agents, employees, shareholders, partners, officers, directors, successors, assigns, 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 time which Page I of 3 " i' , Releasor, or Releasor's predecessors, successors or assigns may have against STC, arising out of, resulting from, or in any way related to the environmental restoration of the project site, which shall include, but not be limited to, Claims arising from any alleged act, breach of contract (express or implied), or any obligations allegedly incurred in coIUlection with the environmental restoration of the project site. It is UNDERSTOOD and AGREED that this 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 cOIUlection with or relating to the environmental restoration of the project site. The release provided in subparagraph (a) of this Paragraph I include, without limitation: (i) damage to the Property, including the unimproved land, structure and improvements, (ll) 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 effective 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 cOIUlection with the environmental restoration of 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 Agreement - 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 amend 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. (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. 5. Choice of Law. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. IT 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. Page 2 of 3 ~ - c ~ ~ In Witness Whereof, Releasor and STC have executed this Agreement as of the day and year first written above. fi, ~i IU~~" {: If4t ~ SOUTHEASTERN TECHNOLOGY CENTER, INC. B ;Q~f~~ cf' By: ~ U As Its: ATTEST: ~~ tJ. 'tn~CI/'~ As I -Is: ~PUTY C/..A]/G OF' C~/8SICW- COUNCI/...., ,. Page 3 of 3