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of April <br /> <br />BETWEEN: <br /> <br />THIS AGREEMENT made in triplicate this <br /> , A.D. 1993. <br /> <br />day <br /> <br />THE CORPORATION OF THE COUNTY OF ESSEX, <br />hereinafter called the CORPORATION OF THE FIRST PART; <br /> <br />- AND - <br /> <br />H.G.L. CONTRACTING LIMITED <br />hereinafter called the CONTRACTOR OF THE SECOND PART; <br /> <br /> WHEREAS the Tender submitted by the Contractor to construct visual <br />mitigation berms at the Corporation's Landfill Site #3 on County Rd. 25 in Maidstone <br />Township was accepted subject to the execution of this Agreement between the parties. <br /> <br /> NOW THEREFORE THIS AGREEMENT WITNESSETH that in <br />consideration of the premises and the covenants hereinafter contained, the Parties hereto agree <br />as follows: <br /> <br />1. The contractor hereby covenants and agrees to provide and supply at his <br />own expense, all and every kind of labour, machinery, equipment and materials required to <br />construct visual mitigation berms in accordance with the terms of this Agreement and as more <br />specifically defined in the Contract Documents and Specifications which includes the April <br />1983 M-100 Specifications to Construct Visual Mitigation Berms at Essex County Landfill <br />Site #3, dated FebruaE~ 1993, and the Tender dated March 24, 1993 submitted by the <br />Contractor and accepted by the Corporation and on file with the Clerk of the Corporation, all <br />of which form a part of this Agreement as if fully embodied herein. <br /> <br />2. The Corporation hereby covenants and agrees that if the said <br />construction operations shall be duly and properly executed and materials provided as <br />aforesaid, and if the Contractor shall carry out, perform and observe all of the requirements <br />of this agreement, the Corporation will pay to the Contractor the contract price herein set forth <br />in its tender, such payment or payments to be made in accordance with the provisions of the <br />contract documents referred to above. <br /> <br />3. The contractor covenants and agrees to perform and comply with all <br />terms of the general conditions to construct visual mitigation berms as contained in the <br />Contract documents. <br /> <br /> <br />