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DCPCUP-0000-00842
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DCPCUP-0000-00842
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Entry Properties
Last modified
8/16/2016 1:21:12 PM
Creation date
8/16/2016 1:19:53 PM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
00842
Town
Sun Prairie Township
Section Numbers
10
AccelaLink
DCPCUP-0000-00842
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• <br /> 8. Blaska is an independent contractor and not an employee <br /> of Stokely. During the term of this agreement Blaska will maintain <br /> standard comprehensive automobile liability insurance which <br /> coverage will be primary and will protect Stokely against any and <br /> all liability arising from the operation by Blaska of trucks and <br /> vehicles in the performance of its agreement, with minimum limits <br /> for bodily injury of $100, 000 per person per occurrence and <br /> $300,000 for all persons per occurrence and $100,000 for damage to <br /> property per occurrence. Blaska will provide Stokely with <br /> acceptable evidence of such insurance prior to the beginning of <br /> each corn pack. <br /> Blaska will provide workers compensation and unemployment <br /> compensation coverage to its employees at its expense if required <br /> by law. <br /> 9. Blaska acknowledges that long range commitments for the <br /> collection, storage and disposal of corn silage, corn leachate and <br /> corn screened solids are critically important to the operation of <br /> Stokely's plant at Sun Prairie, and that money damages may not be <br /> a sufficient remedy in the event of a breach of this agreement on <br /> its part. Blaska agrees that should it materially fail to carry <br /> out this agreement, Stokely shall have the following remedies, in <br /> addition to money damages, as long as such failure continues: (a) <br /> right to the use of Blaska's pit or pits for the collection and <br /> disposal of corn silage, corn leachate and corn screened solids <br /> produced at Stokely's Sun Prairie plant during the term of this <br /> agreement or any renewal thereof, (b) the right of access to and <br /> from said pit or pits for the purpose of collection, disposal and <br /> sale of the said corn by-products for so long as Stokely has the <br /> right to use the said pit or pits, (c) the right to sell silage <br /> from the pit or pits during the term of this agreement and for six <br /> months thereafter. In any calculation of money damages, the <br /> reasonable value of the rights described above as (a) , (b) and (c) , <br /> if those rights are exercised by Stokely, shall be determined and <br /> offset. In the event of Stokely's use of said pit or pits, it <br /> shall be responsible for and comply with the requirements of all <br /> environmental and other governmental regulations and laws and it <br /> shall not deposit in said pit or pits any silage which would not <br /> be fit for use as animal feed. <br /> 6 <br />
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