Laserfiche WebLink
11.1 Hauler agrees to carry on its work hereunder with the utmost care and in conformance <br />with any instructions provided by Company to Hauler to permit the continuous and safe operation of <br />Company's facilities. <br />11.2 Hauler shall comply with all site safety and health requirements of Company that are <br />communicated to Hauler in any manner at or prior to the delivery of clean fill to any of the Company's <br />facilities. <br />ARTICLE XII <br />CONFIDENTIALITY <br />12.1 Hauler shall not disclose to any other party, without Company's prior written consent, any <br />information acquired from or about Company in connection with this Agreement or in the course of <br />pertorming the services, including, by way of example and not by way of limitation, Company's <br />procedures, technical data, proprietary information or trade secrets except in such circumstances: that (i) <br />such information becomes publicly available without the fault of Contractor; (ii) was known and can be <br />shown to have been known by Hauler at the time of its receipt from Company; (iii) is developed <br />independently by Hauler; (iv) or is received by Hauler from third parties without breach of this Agreement <br />by Hauler. The obligations of confidentiality shall not apply to information required to be publicly <br />disclosed under judicial order or governmental request, provided that Hauler shall promptly give Company <br />verbal and written notice of any subpoena or request for information from any court or governmental <br />authority prior to disclosing any such information to afford Company the opportunity to seek an <br />appropriate protective order. Hauler's obligations of confidentiality imposed by this Article shall remain in <br />force for a period of three (3) years after the date on which this Agreement shall terminate. <br />ARTICLE XIII <br />MISCELLANEOUS <br />13.1 This Agreement is non-exclusive to Hauler. Company shall be free to contract with others <br />who perform services similar or identical to those of Hauler. <br />13.2 This Agreement shall be construed in accordance with and governed by the laws of the <br />State of Colorado excluding any conflict of law rule which would refer any matter to the laws of a <br />jurisdiction other than the State of Colorado. <br />13.3 Any failure by either party at any time, or from time to time, to enforce or require the strict <br />keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver <br />of the right to enforce or require the strict keeping of such terms or conditions and shall not affect or <br />impair such terms or conditions in any way or the right of either party at any time to avail itself or such <br />remedies as it may have for any subsequent breach or breaches of any such terms or conditions or of <br />any other term or condition of this Agreement, including, without limitation, the right to terminate as <br />provided herein. <br />13.4 In the event of termination of performance under this Agreement by either party, no rights <br />or remedies of either party shall thereby be waived, nor shall any breach by either party of the material <br />covenants in this Agreement be waived, whether or not either party is in default at the time of such <br />termination, but rather, any such termination shall be without prejudice to all rights and remedies in either <br />party which would otherwise be available. <br />13.5 The terms and provisions of this Agreement shall survive the termination of this <br />Agreement, howsoever brought about. <br />13.6 This Agreement shall not create any rights in third parties and no provision of this <br />Agreement shall be construed as creating any obligations for the benefit of, or rights in favor of, any <br />