Excluded Waste. (a) Contractor has no obligation to collect Excluded Waste pursuant to this Contract. Unless otherwise provided in this Contract, City has no obligation to pay Contractor for the collection of Excluded Waste.
(b) If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire bin, container, bag, or bundle of waste containing the Excluded Waste. Contractor shall contact City upon the discovery of Excluded Waste that has been placed for collection. City shall be responsible for taking any appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste.
(c) If any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery, and disposal of such Excluded Waste. City will reasonably assist Contractor in determining the identity of the depositor or generator of the Excluded Waste to enable Contractor to collect from the depositor or generator the cost incurred by Contractor in connection with such Excluded Waste.
(d) Contractor releases and holds City harmless from any liability for any cost incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be deposited or generated by City.
Excluded Waste. Excluded Waste regardless of its source; and,
Excluded Waste. Any Hazardous Waste and any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or toxic material as defined by applicable federal, state or local laws or regulations.
Excluded Waste. Contractor acknowledges that it is responsible for compliance during the 1401 entire Term of this Agreement with all Applicable Laws. Contractor shall not store, 1402 transport, use, or Dispose of any Excluded Waste except in strict compliance with all 1403 Applicable Laws. 1404 In the event that Contractor negligently or willfully mishandles Excluded Waste in the 1405 course of carrying out its activities under this Agreement, Contractor shall at its sole 1406 expense promptly take all investigatory and/or remedial action reasonably required for 1407 the remediation of such environmental contamination. Prior to undertaking any 1408 investigatory or remedial action, however, Contractor shall first obtain the Regional 1409 Agency Contract Manager’s approval of any proposed investigatory or remedial action. 1410 Should Contractor fail at any time to promptly take such action, the RA Members may 1411 undertake such action at Contractor’s sole cost and expense, and Contractor shall 1412 reimburse the RA Members for all such expenses within thirty (30) calendar days of being 1413 billed for those expenses, and any amount not paid within that thirty (30) calendar day 1414 period shall thereafter be deemed delinquent and subject to the delinquent fee payment 1415 provision of Section 7.1. These obligations are in addition to any defense and indemnity 1416 obligations that Contractor may have under this Agreement. The provisions of this Section 1417 shall survive the termination or expiration of this Agreement. 1418 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend 1419 to any claims arising from the Disposal of Solid Waste at the Approved Disposal Facility, 1420 including, but not limited to, claims arising under Comprehensive Environmental 1421 Response, Compensation and Liability Act (CERCLA) unless such claim is a direct result of 1422 Contractor’s negligence or willful misconduct or Contractor owns or operates the 1423 Approved Disposal Facility. 1424 D. Environmental Indemnity. Contractor shall defend, indemnify, and hold each RA Member 1425 and the Regional Agency harmless against and from any and all claims, suits, losses, 1426 penalties, damages, and liability for damages of every name, kind and description, 1427 including attorneys’ fees and costs incurred, attributable to the negligence or willful 1428 misconduct of Contractor in handling Excluded Waste. 1429 E. Related to Propositions 218 and 26. Should there be ...
Excluded Waste. Excluded Waste is all Bulky Waste (except as otherwise provided in this Agreement), Large Commercial and Industrial Refuse, Construction Debris, Large Dead Animals, Institutional Solid Waste, Hazardous Waste, Offal Waste, Stable Matter, Vegetable Waste, and Special Waste.
Excluded Waste. Notwithstanding Clause 4.2, title to, risk of loss and liability for any Excluded Waste shall remain with the Customer and the Customer shall indemnify and hold harmless the Company from and against all claims, losses, damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in the Equipment, any collection vehicle and other containers of the Company or any Sub-contractor. However the Company accepts that it is liable for death or personal injury resulting from its negligence.
Excluded Waste. If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire bin, container, bag or bundle of waste. In such situations, Contractor shall contact the City and the City shall undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the waste. In the event any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the depositor or generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery and disposal of such Excluded Waste. Contractor shall release City from any liability for any such costs incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to the City.
Excluded Waste. Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to collect any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the City and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste.
Excluded Waste. Excluded Waste regardless of its source and as defined in Attachment A; 165 J. Materials Generated by State, County, and Federal Facilities. Materials generated by 166 State, and Federal facilities located in the Service Area provided that the Generator has 167 arranged services with other Persons or has arranged services with the Contractor 168 through a separate agreement;
Excluded Waste. “Excluded Waste” means hazardous substances, Hazardous Waste, 281 infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated 282 radioactive waste, and toxic substances or material that facility operator(s), which receive materials from 283 the City, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, 284 be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or 285 conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit 286 conditions, waste that in the City’s reasonable opinion would present a significant risk to human health or 287 the environment, cause a nuisance or otherwise create or expose the City to potential liability; but not 288 including de minimis volumes or concentrations of waste of a type and amount normally found in Solid 289 Waste after implementation of programs for the safe collection, processing, recycling, treatment, and 290 disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources 291 Code. Excluded Wastes do not include used motor oil and filters, household batteries, Universal Wastes, 292 and/or latex paint when such materials are defined as allowable materials for collection through the City’s 293 collection programs and the Service Recipient has properly placed the materials for collection pursuant to 294 instructions provided by the Contractor.