Compost Facility and HHW Facility at Landfill Land Sample Clauses

Compost Facility and HHW Facility at Landfill Land. (i) Unless Contractor agrees to assume operation of the Compost Facility or future Compost Facility pursuant to Article 7 of the County Operations Agreement, Contractor shall have no obligation to defend, hold harmless or indemnify the Town for any liabilities, losses, claims or Environmental Conditions that Contractor proves by a preponderance of evidence were or are caused by the presence or operation of any Compost Facility, the future Compost Facility, or other composting operation on the Landfill Land that may occur from and after the Effective Date, and Contractor’s release and covenant not to xxx shall not apply to any such claims or Environmental Conditions. Without limiting the foregoing and by way of example only, such post-Effective Date Environmental Conditions may include vehicle fuel or lubricant spills, contamination of or failure to control surface water run-off from composting operations, air emissions from composting operations, composting odors, nuisance claims, and aspergillum or other biological contamination of water or air caused by the composting of organic materials such as Food Waste, permit violations, notices to comply, or violations of Applicable law; provided, however, that under all circumstances Contractor’s indemnity, release and covenant not to xxx shall apply to any leachate or landfill gas generated by the Central Landfill or Landfill operations.
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Related to Compost Facility and HHW Facility at Landfill Land

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