AB 939 Indemnification Sample Clauses

AB 939 Indemnification. (1) In addition, Grantee shall defend with counsel reasonably acceptable to the City, indemnify and hold the City harmless from any and all fines, penalties and assessments levied against or threatened to be levied against the City for the City's failure to meet the requirements of AB 939, its amendments or any successor legislation and/or all rules and regulations promulgated thereunder if said failure results from Grantee's failures as described in Exhibit “C” to the Consent to Assignment of Franchise Agreement between the City and the Grantee dated March 30, 1992, or its failures to comply with this Franchise Agreement and/or Grantee's failure to comply with said laws, rules or regulations, including but not limited to failing to timely supply to the City the reports and information required by the City in order to comply with AB 939. (2) In addition, Grantee will defend, indemnify and hold the City harmless and pay all fines, assessments and penalties resulting from the City's failure to comply with AB 939, its amendments and successor legislation, and/or all regulations and rules promulgated thereunder to the extent said failure is a consequence of the City's residents' failure to participate in the solid waste programs and/or services made available to them by the City and/or Grantee; provided, however, that this indemnity and hold harmless shall not apply unless, upon the request of Grantee, the City Council has passed a resolution providing for an increase in Grantee's rates to fully compensate Grantee for its payments hereunder, which resolution shall become effective upon Grantee's payment of such fines, assessments and penalties.

AB 939 Indemnification. In addition to its duties pursuant to Section 12, Contractor shall protect, defend, indemnify and hold City harmless against any and all fines or penalties imposed by Cal Recycle in the event the diversion, source reduction and Diversion goals of AB 939 are not met by the City of Calabasas with respect to the Collected waste stream covered by this Agreement as a result of Contractor’s failure to perform under this Agreement.

AB 939 Indemnification. 3478 In addition to any other indemnity obligations set forth herein, Contractor agrees to indemnify, defend, 3479 and hold harmless CCCSWA and its Member Agencies, their officers, directors, employees, volunteers, 3480 and agents from and against any and all fines and/or penalties imposed by ▇▇▇▇▇▇▇▇▇▇ or the Local 3481 Enforcement Agency (“LEA”), in proportion to its fault, and subject to other restrictions set forth in 3482 Public Resources Code Section 40059.1, if the requirements of AB 939 are not met with respect to the 3483 Franchised Materials Collected under this Agreement, and such failure is due to the failure of Contractor 3484 to meet its obligations under this Agreement or due to Contractor delays in providing information that 3485 prevents Contractor or CCCSWA from submitting reports required by AB 939 in a timely manner. 3486 Contractor’s duty to indemnify and defend shall survive the expiration or earlier termination of this 3487 Agreement. 3488

AB 939 Indemnification. 34 6.2.5 Intellectual Property Indemnity 34 6.2.6 Notice of Claim 34

AB 939 Indemnification. Without limiting the generality of the foregoing, GreenWaste shall protect, defend with counsel reasonably acceptable to City, indemnify and hold City harmless from any and all fines, penalties and assessments levied against or threatened to be levied against City for City's failure to meet the requirements of AB 939, its amendments or any successor legislation and/or all rules and regulations promulgated thereunder if said failure results from GreenWaste's failure to comply with this Agreement and/or GreenWaste 's failure to comply with said laws, rules or regulations binding on GreenWaste, including but not limited to failing to timely supply City with information or reports in order to comply with AB 939. However, GreenWaste shall not be obligated to indemnify City for fines or penalties caused by City's modifications of GreenWaste's information, or by City's own acts or omissions which result in City's failure to provide timely reports to the state or otherwise meet the requirements of AB 939.

AB 939 Indemnification. In addition to any other indemnity obligations set forth herein, Contractor agrees to indemnify, defend, and hold harmless CCCSWA and its Member Agencies, their officers, directors, employees, volunteers, and agents from and against any and all fines and/or penalties imposed by CalRecycle or the Local Enforcement Agency (“LEA”), in proportion to its fault, and subject to other restrictions set forth in Public Resources Code Section 40059.1, if the requirements of AB 939 are not met with respect to the Franchised Materials Collected under this Agreement, and such failure is due to the failure of Contractor to meet its obligations under this Agreement or due to Contractor delays in providing information that prevents Contractor or CCCSWA from submitting reports required by AB 939 in a timely manner. Contractor’s duty to indemnify and defend shall survive the expiration or earlier termination of this Agreement.

AB 939 Indemnification. In addition to all other relief provided CONTRACTOR 2236 and CITY under this Agreement, CONTRACTOR agrees to defend, indemnify, and hold 2237 harmless, CITY Council, the CITY, its officers, employees, volunteers, and agents from and 2238 against all fines and/or penalties imposed by the California Integrated Waste Management 2239 Board if the requirements of the Act are not met by the CONTRACTOR with respect to the 2240 waste stream Collected under this Agreement, and such failure is (i) due to the failure of 2241 CONTRACTOR to meet its obligations under this Agreement or (ii) due to CONTRACTOR 2242 delays in providing information that prevents CONTRACTOR or CITY from submitting reports 2243 required by the Act in a timely manner. 2244 11.03 Proposition 218 Indemnification. CONTRACTOR shall indemnify, defend and 2245 hold harmless CITY Council, the CITY, its officers, employees, agents, and volunteers, 2246 (collectively, indemnitees) from and against all claims, damages, injuries, costs, including 2247 demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, 2248 interest fines, charges, penalties and expenses (including reasonable attorneys’ and expert 2249 witness fees, expenditures for investigation and administration) and costs of any kind 2250 whatsoever paid, imposed upon, endured or suffered by or assessed against any of the 2251 indemnitees resulting in any form from the CITY’S setting or approval of Rates for service under 2252 this Agreement or in connection with the application of California Constitution, Article XIIIC and 2253 Article XIIID to the imposition, payment or collection of Rates and fees for services provided by 2254 CONTRACTOR under this Agreement. Notwithstanding the foregoing, this indemnity shall not 2255 extend to any addition to or increase in Rates that are not associated with the cost of providing 2256 service under this Agreement except for a reasonable Franchise Fee. 2257 11.04 Indemnification Related to Personnel. CONTRACTOR shall defend, hold 2258 harmless, and indemnify CITY Council, the CITY, its officers, employees, volunteers, and 2259 agents, for all loss, damages, liability, claims, suits, costs or expenses whatsoever, including 2260 reasonable attorneys’ fees, regardless of the merits or outcome of any such claim or suit arising 2261 from or in any manner related to the CITY’S request to remove or reassign any employee 2262 pursuant to Section 7.05.

AB 939 Indemnification. In addition to all other relief provided CONTRACTOR 903 and CITY under this Agreement, CONTRACTOR agrees to defend, indemnify, and hold 904 harmless, City Council, the CITY, its officers, employees, volunteers, and agents from and 905 against all fines and/or penalties imposed by the California Integrated Waste Management 906 Board if the requirements of the Act are not met by the CONTRACTOR with respect to the 907 waste stream Collected under this Agreement, and such failure is (i) due to the failure of 908 CONTRACTOR to meet its obligations under this Agreement or (ii) due to CONTRACTOR 909 delays in providing information that prevents CONTRACTOR or CITY from submitting reports 910 required by the Act in a timely manner. 911

AB 939 Indemnification. Contractor shall protect, defend with counsel reasonably acceptable to the City , indemnify, and hold the City harmless from any and all fines, penalties, and assessments levied against or threatened to be levied against the City for the City ‘’s failure to meet the requirements of AB 939, its amendments, or any successor legislation and/or all rules and regulations promulgated thereunder, but only to the extent such liability is caused by Contractor’s failure to comply with Contractor’s express obligations under this Agreement and/or Contractor’s failure to comply with said laws, rules, or regulations binding on Contractor, including but not limited to failing to timely supply the City with information or reports in order to comply with AB 939. Contractor ▇▇▇▇▇▇▇ not be obligated to indemnify City for fines or penalties caused by City ‘’s modifications of Contractor’s information, by aCity’s change by the City in the scope of work hereunder whichthat materially and negatively affects the ability of Contractor to perform diversion activities which contribute to thethat would facilitate City ‘’s compliance with AB 939, or by City ‘’s own acts or omissions whichthat result in City ‘’s failure to provide timely reports to the state. In addition, the Contractor’s duty to indemnify under this Sectionparagraph (C) is subject to the following restrictions: (1) 1. The Contractor’s obligation to indemnify the City shall not be enforceable if the Council -imposed penalty imposed by the CIWMB is based solely upon theCity’s failure of the City to establish and maintain a source reduction and recycling element pursuant to Sections 41000 et seq. of the Public Resources Code. (2) 2. No payment required under the Contractor’s obligation to indemnify the City may exceed that portion of any penalty assessed by the BoardCIWMB against the City that was caused byattributable to Contractor’s failure to comply with an express obligation or requirement of this Agreement. Further, the CompanyContractor shall not be liable under the indemnity obligation to the extent that the Company’s failure to complyContractor’s breach or noncompliance resulted from City’s action or failure to act, determined as a result of judicial review, hearing or appeal to the California Integrated Waste Management Board.