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January <br /> <br /> THIS AGREEMENT madein MpScate ~is <br />, A.D. 1994 <br /> <br />1st <br /> <br />day of <br /> <br />BETWEEN: <br /> <br />THE CORPORATION OF THE COUNTY OF ESSEX, <br />hereinafter called the CORPORATION OF THE FIRST PART; <br /> <br />DON HEARN & SONS INC. <br />hereinafter called the CONTRACTOR OF THE SECOND PART; <br /> <br /> WHEREAS the Tender submitted by the Contractor to Perform Sanitary <br />Landfill Operations at the Essex County Sanitary Landfill Site No. 1 in the Township of <br />Colchester North 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 />perform Sanitary Landfill Operations in accordance with the terms of this Agreement and as <br />more specifically defined in the Contract Documents and Specifications to Perform Sanitary <br />Landfill Operations at Essex County Landfill Site #1, dated October 1993, and the Tender dated <br />November 23, 1993 submitted by the Contractor and accepted by the Corporation and on file <br />with the Clerk of the Corporation, all of which form a part of this Agreement as if fully <br />embodied herein. <br /> <br />2. The Corporation hereby covenants and agrees that if the said construction <br />operations shall be duly and properly executed and materials provided as aforesaid, and if the <br />Contractor shall carry out, perform and observe all of the requirements of this agreement, the <br />Corporation will pay to the Contractor the contract price herein set forth in its tender, such <br />payment or payments to be made in accordance with the provisions of the contract documents <br />referred to above. <br /> <br /> <br />