Common use of Excluded Waste Clause in Contracts

Excluded Waste. Contractor acknowledges that it is responsible for compliance during the entire 2719 Term of this Agreement with all Applicable Laws. Contractor shall not store, Transport, use, or 2720 Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. 2721 In the event that Contractor negligently or willfully mishandles Excluded Waste in the course of 2722 carrying out its activities under this Agreement, Contractor shall at its sole expense promptly take 2723 all investigatory and/or remedial action reasonably required for the remediation of such 2724 environmental contamination. Prior to undertaking any investigatory or remedial action, 2725 however, Contractor shall first obtain the County’s approval of any proposed investigatory or 2726 remedial action. Should Contractor fail at any time to promptly take such action, the County may 2727 undertake such action at Contractor’s sole cost and expense, and Contractor shall reimburse the 2728 County for all such expenses within thirty (30) calendar days of being billed for those expenses, 2729 and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed 2730 delinquent and subject to the delinquent fee payment provision of Section 11.3. These obligations 2731 are in addition to any defense and indemnity obligations that Contractor may have under this 2732 Agreement. The provisions of this Section shall survive the termination or expiration of this 2733 Agreement. 2734 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any 2735 claims arising from the disposal of Solid Waste at the Designated Disposal Facility, including, but 2736 not limited to, claims arising under Comprehensive Environmental Response, Compensation and 2737 Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 2738 misconduct.

Excluded Waste. Contractor acknowledges that it is responsible for compliance during the entire 2719 Term of this Agreement with all Applicable Laws. Contractor shall not store, Transporttransport, use, or 2720 Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. 2721 In the event that Contractor negligently or willfully mishandles Excluded Waste in the course of 2722 carrying out its their activities under this Agreement, Contractor shall at its sole expense promptly take 2723 all investigatory and/or remedial action reasonably required for the remediation of such 2724 environmental contamination. Prior to undertaking any investigatory or remedial action, 2725 however, Contractor shall first obtain notify the CountyAgency’s approval Designated Representative of any proposed investigatory or 2726 remedial action. Should Contractor fail at any time to promptly take such action, the County Agency may 2727 undertake such action at Contractor’s sole cost and expense, and Contractor shall reimburse the 2728 County Agency for all such expenses within thirty (30) calendar days of being billed for those expenses, 2729 and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed 2730 delinquent and subject to the delinquent fee payment provision of Section 11.38.4. These obligations 2731 are in addition to any defense and indemnity obligations that Contractor may have under this 2732 Agreement. The provisions of this Section shall survive the termination or expiration of this 2733 Agreement. 2734 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any 2735 claims arising from the disposal Disposal of Solid Waste at the Designated Approved Disposal Facility, including, but 2736 not limited to, claims arising under Comprehensive Environmental Response, Compensation and 2737 Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 2738 misconductmisconduct or Contractor or its Affiliate owns or operates the Approved Disposal Facility.

Excluded Waste. Contractor acknowledges that it is responsible for compliance during the entire 2719 2320 Term of this Agreement with all Applicable Laws. Contractor shall not store, Transport, use, or 2720 2321 Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. 2721 2322 In the event that Contractor negligently or willfully mishandles Excluded Waste in the course of 2722 2323 carrying out its activities under this Agreement, Contractor shall at its sole expense promptly take 2723 2324 all investigatory and/or remedial action reasonably required for the remediation of such 2724 2325 environmental contamination. Prior to undertaking any investigatory or remedial action, 2725 however, 2326 Contractor shall first obtain the CountyCity’s approval of any proposed investigatory or 2726 remedial action. Should 2327 Contractor fail at any time to promptly take such action, the County City may 2727 undertake such action at 2328 Contractor’s sole cost and expense, and Contractor shall reimburse the 2728 County City for all such expenses within 2329 thirty (30) calendar days of being billed for those expenses, 2729 and any amount not paid within that 2330 thirty (30) calendar day period shall thereafter be deemed 2730 delinquent and subject to the delinquent 2331 fee payment provision of Section 11.37.8. These obligations 2731 are in addition to any defense and 2332 indemnity obligations that Contractor may have under this 2732 Agreement. The provisions of this 2333 Section shall survive the termination or expiration of this 2733 Agreement. 2734 2334 Notwithstanding the foregoing, Contractor’s duties under this subsection Section shall not extend to any 2735 claims 2335 arising from the disposal Disposal of Solid Waste at the Designated Approved Disposal Facility, including, but 2736 not limited 2336 to, claims arising under Comprehensive Environmental Response, Compensation and 2737 Liability Act 2337 (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 2738 misconduct.

Excluded Waste. Contractor acknowledges that it is responsible for compliance during 907 the entire 2719 Term of this Agreement with all Applicable Laws. Contractor shall not store, 908 Transport, use, or 2720 Dispose of any Excluded Waste except in strict compliance with all Applicable 909 Laws. 2721 910 In the event that Contractor negligently or willfully mishandles Excluded Waste in the 911 course of 2722 carrying out its activities under this AgreementAgreement that results in environmental 912 contamination, Contractor shall at its sole expense promptly take 2723 all investigatory and/or 913 remedial action reasonably required for the remediation of such 2724 environmental 914 contamination. Prior to undertaking any investigatory or remedial action, 2725 however, Contractor shall first obtain the County’s approval of any proposed investigatory or 2726 remedial action. Should Contractor fail at any time to promptly take such action, the County City 915 may 2727 undertake such action at Contractor’s sole cost and expense, and Contractor shall 916 reimburse the 2728 County City for all such reasonable expenses incurred by the City within thirty (30) 917 calendar days of being billed for those expenses, 2729 and any amount not paid within that 918 thirty (30) calendar day period shall thereafter be deemed 2730 delinquent and subject to the 919 delinquent fee payment provision of Section 11.39.3. These obligations 2731 are in addition to any 920 defense and indemnity obligations that Contractor may have under this 2732 Agreement. The 921 provisions of this Section shall survive the termination or expiration of this 2733 Agreement. 2734 922 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend 923 to any 2735 claims arising from the disposal Disposal of Solid Waste Refuse at the Designated Disposal Facility, 924 including, but 2736 not limited to, claims arising under Comprehensive Environmental 925 Response, Compensation and 2737 Liability Act (CERCLA) unless such claim is a direct result of 926 Contractor’s negligence or willful 2738 misconduct.

Excluded Waste. Contractor acknowledges that it is responsible for compliance during the 838 entire 2719 Term of this Agreement with all Applicable Laws. Contractor shall not store, Transporttransport, 839 use, or 2720 Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. 2721 840 In the event that Contractor negligently or willfully mishandles Excluded Waste in the course of 2722 841 carrying out its activities under this Agreement, Contractor shall at its sole expense promptly 842 take 2723 all investigatory and/or remedial action reasonably required for the remediation of such 2724 843 environmental contamination. Prior to undertaking any investigatory or remedial action, 2725 844 however, Contractor shall first obtain the CountyAgency’s approval of any proposed investigatory or 2726 845 remedial action. Should Contractor fail at any time to promptly take such action, the County Agency may 2727 846 undertake such action at Contractor’s sole cost and expense, and Contractor shall reimburse the 2728 County 847 Agency for all such expenses within thirty (30) calendar days of being billed for those expenses, 2729 848 and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed 2730 849 delinquent and subject to the delinquent fee payment provision of Section 11.37.8. These 850 obligations 2731 are in addition to any defense and indemnity obligations that Contractor may have 851 under this 2732 Agreement. The provisions of this Section shall survive the termination or expiration 852 of this 2733 Agreement. 2734 853 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any 2735 854 claims arising from the disposal Disposal of Solid Waste at the Designated Approved Disposal Facility, including, but 2736 855 not limited to, claims arising under Comprehensive Environmental Response, Compensation and 2737 856 Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 2738 857 misconduct. 858 C. Environmental Indemnity. Contractor shall defend, indemnify, and hold Agency harmless 859 against and from any and all claims, suits, losses, penalties, damages, and liability for damages 860 of every name, kind and description, including attorneys’ fees and costs incurred, attributable to 861 the negligence or willful misconduct of Contractor in handling Excluded Waste.

Excluded Waste. Contractor acknowledges that it is responsible for compliance during the 1401 entire 2719 Term of this Agreement with all Applicable Laws. Contractor shall not store, Transport1402 transport, use, or 2720 Dispose of any Excluded Waste except in strict compliance with all 1403 Applicable Laws. 2721 1404 In the event that Contractor negligently or willfully mishandles Excluded Waste in the 1405 course of 2722 carrying out its activities under this Agreement, Contractor shall at its sole 1406 expense promptly take 2723 all investigatory and/or remedial action reasonably required for 1407 the remediation of such 2724 environmental contamination. Prior to undertaking any 1408 investigatory or remedial action, 2725 however, Contractor shall first obtain the CountyRegional 1409 Agency Contract Manager’s approval of any proposed investigatory or 2726 remedial action. 1410 Should Contractor fail at any time to promptly take such action, the County RA Members may 2727 1411 undertake such action at Contractor’s sole cost and expense, and Contractor shall 1412 reimburse the 2728 County RA Members for all such expenses within thirty (30) calendar days of being 1413 billed for those expenses, 2729 and any amount not paid within that thirty (30) calendar day 1414 period shall thereafter be deemed 2730 delinquent and subject to the delinquent fee payment 1415 provision of Section 11.37.1. These obligations 2731 are in addition to any defense and indemnity 1416 obligations that Contractor may have under this 2732 Agreement. The provisions of this Section 1417 shall survive the termination or expiration of this 2733 Agreement. 2734 1418 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend 1419 to any 2735 claims arising from the disposal Disposal of Solid Waste at the Designated Approved Disposal Facility, 1420 including, but 2736 not limited to, claims arising under Comprehensive Environmental 1421 Response, Compensation and 2737 Liability Act (CERCLA) unless such claim is a direct result of 1422 Contractor’s negligence or willful 2738 misconductmisconduct 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 a Change in Law or a new judicial 1430 interpretation of Applicable Law, including, but not limited to, Article XIII C and D of the 1431 California Constitution (Commonly Proposition 218 and Proposition 26), which impacts 1432 the RA Members’ ability to set or change Rates for the Collection services established in 1433 accordance with this Agreement, Contractor agrees to meet and confer with the RA 1434 Members to discuss the impact of such Change in Law on either Party’s ability to perform 1435 under this Agreement. 1436 The RA Members shall not be in default of this Agreement, if it is determined by a court of 1437 competent jurisdiction, that RA Members lack the authority to set Rates or increase Rates 1438 for charges related to providing Collection services under this Agreement. Should a court 1439 of competent jurisdiction determine that the Contractor cannot charge and/or increase its 1440 Rates for any charges incorporated into the Rates under this Agreement, Contractor shall 1441 reduce the Rates it charges Customers a corresponding amount, providing said fees, Rates 1442 and/or charges disallowed by the court are not related to the cost of providing service 1443 hereunder and had been incorporated in the Rates charged by Contractor to its 1444 Customers. 1445 Nothing herein is intended to imply that California Constitution, Articles XIIIC or XIIID, 1446 apply to the Rates established for services provided under this Agreement; rather this 1447 Section is provided merely to allocate risk of an adverse judicial interpretation between 1448 the Parties. 1449 This provision (i.e., Section 10.1) will survive the expiration or earlier termination of this 1450 Agreement and shall not be construed as a waiver of rights by each RA Member and the 1451 Regional Agency to contribution or Indemnity from third parties.

Excluded Waste. Contractor acknowledges that it is responsible for compliance during the entire 2719 Term of this Agreement with all Applicable Laws. Contractor shall not store, Transport, use, or 2720 Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. 2721 In the event that If Contractor negligently or willfully mishandles Excluded Waste in the course of 2722 carrying out its activities under this Agreement, Contractor shall at its sole expense promptly take 2723 all investigatory and/or remedial action reasonably required for the remediation of such 2724 environmental contamination. Prior to undertaking any investigatory or remedial action, 2725 however, Contractor shall first obtain the CountyCity’s approval of any proposed investigatory or 2726 remedial action. Should Contractor fail at any time to promptly take such action, the County City may 2727 undertake such action at Contractor’s sole cost and expense, and Contractor shall reimburse the 2728 County City for all such expenses within thirty (30) calendar days of being billed for those expenses, 2729 and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed 2730 delinquent and subject to the delinquent fee payment provision of Section 11.37.6. These obligations 2731 are in addition to any defense and indemnity obligations that Contractor may have under this 2732 Agreement. The provisions of this Section shall survive the termination or expiration of this 2733 Agreement. 2734 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any 2735 claims arising from the disposal Disposal of Solid Waste at the Designated Disposal Facility, including, but 2736 not limited to, claims arising under Comprehensive Environmental Response, Compensation and 2737 Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 2738 misconduct.

Excluded Waste. Contractor acknowledges that it is responsible for compliance during the 876 entire 2719 Term of this Agreement with all Applicable Laws. Contractor shall not store, Transporttransport, 877 use, or 2720 Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. 2721 878 In the event that Contractor negligently or willfully mishandles Excluded Waste in the course of 2722 879 carrying out its activities under this Agreement, Contractor shall at its sole expense promptly 880 take 2723 all investigatory and/or remedial action reasonably required for the remediation of such 2724 881 environmental contamination. Prior to undertaking any investigatory or remedial action, 2725 882 however, Contractor shall first obtain the CountyCity’s approval of any proposed investigatory or 2726 remedial 883 action. Should Contractor fail at any time to promptly take such action, the County City may 2727 undertake such 884 action at Contractor’s sole cost and expense, and Contractor shall reimburse the 2728 County City for all such 885 expenses within thirty (30) calendar days of being billed for those expenses, 2729 and any amount not 886 paid within that thirty (30) calendar day period shall thereafter be deemed 2730 delinquent and 887 subject to the delinquent fee payment provision of Section 11.37.8. These obligations 2731 are in addition 888 to any defense and indemnity obligations that Contractor may have under this 2732 Agreement. The 889 provisions of this Section shall survive the termination or expiration of this 2733 Agreement. 2734 890 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any 2735 891 claims arising from the disposal Disposal of Solid Waste at the Designated Approved Disposal Facility, including, but 2736 892 not limited to, claims arising under Comprehensive Environmental Response, Compensation and 2737 893 Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 2738 894 misconduct. 895 C. Environmental Indemnity. Contractor shall defend, indemnify, and hold City harmless against 896 and from any and all claims, suits, losses, penalties, damages, and liability for damages of every 897 name, kind and description, including attorneys’ fees and costs incurred, attributable to the 898 negligence or willful misconduct of Contractor in handling Excluded Waste.