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HomeMy WebLinkAbout(3/21/2011) Dan Wolfe - Re: Recycling Event (3/21/2011) Dan Wolfe - Re: Recycling EventPage 1 From: Mary Beth Shank To: Dan Wolfe Date: 1/31/2011 3:09 PM Subject: Re: Recycling Event Hi Dan, If they are not willing to indemnify us for their "negligence and willful misconduct" I have serious concerns. I am less concerned about the jurisdiction, although if they are reaping any benefit from this contract, I find it very unreasonable for them not to agree to this term, as well. Should either party sue, we are required to hire a Florida attorney and that's just not a fair provision if, again, they are reaping some benefit from this event. Let's see what they say and if they say no to the indemnification, let's discuss over the phone. MBS >>> Dan Wolfe 01/31/11 3:02 PM >>> Thanks, I will get with them tomorrow. Question though what if they say no we don't want to do that. Would you advise we go with the event or cancel it? Dan Wolfe Franklin County Planning Office 717 261 3855 Remember: Lance Sijon, Capt, USAF http://www.af.mil/news/story.asp?storyID=123009132 >>> Mary Beth Shank 1/31/2011 3:00 PM >>> Dan, Two issues with this contract. They ask the county to idemnify them totally - to include negligence or willful misconduct on either parties' part. I would suggest a mutual indemnification clause - we'll indemnify them for any negligence on our end, they do the same for us. Second, if they are coming here for this event, then PA should retain jurisdiction for the contract. I assume they have to be receiving some kind of benefit out of this, even though they're not being paid, and if that is the case, they should be willing to be subject to the laws of the state where they are coming. Mary Beth >>> Dan Wolfe 01/14/11 9:32 AM >>> Mary Beth, The Planning Office is going to have an electronic recycling event in April in Washington Township. I have attached the agreement with Creative Recycling and was wondering if you could look it over and see if it is okay. Thanks Dan Dan Wolfe Franklin County Planning Office 717 261 3855 Remember: Lance Sijon, Capt, USAF http://www.af.mil/news/story.asp?storyID=123009132