Guarantee and Indemnification. 1. I assume full and complete responsibility for all acts and omissions in my activities pertaining to my product(s), services, and use and representation of the MOSA logo and name.
2. I agree to indemnify MOSA against any liability arising from the sales and use of my product(s) or services, including reasonable attorney fees and costs attending to any claims and/or lawsuits due to my acts and omissions relative to the certification and licensing terms and conditions.
Guarantee and Indemnification. Contractor warrants and guarantees that it will carry out its obligations under this Agreement in a manner consistent with Applicable Laws including specifically AB 939, AB 341, AB 1594, AB 1826 and SB 1016, and Contractor’s actions will provide for the City to meet or exceed the diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time frames for diversion, and any other requirements) set forth in Contractor’s Diversion Guarantee and the Applicable Laws including AB 939, AB 341, AB 1594, AB 1826, and SB 1016 and all amendments thereto. In this regard Contractor agrees that it will, in addition to any other requirement contained herein, at its sole cost and expense:
a) To the extent legally permitted, defend, with counsel approved by City, indemnify, and hold harmless City and City's officials, employees, and agents from and against all fines and/or penalties and other liabilities which may be imposed by CalRecycle or any other regulatory agency if: (1) Contractor fails or refuses to timely provide information relating to its operations which is required pursuant to this Agreement or the Applicable Laws and such failure or refusal prevents or delays City from submitting reports required by the Applicable Laws including AB 939, AB 341, AB 1594, and AB 1826 in a timely manner; or (2) the source reduction and Recycling goals, diversion goals, program implementation requirements, or any other requirements of the Applicable Laws, including AB 939, AB 341, AB 1594, and AB 1826, are not met with respect to the waste stream collected under this Agreement;
b) Assist City in responding to inquiries from CalRecycle or any other regulatory agency;
c) Assist City in preparing for, and participating in, the CalRecycle’s biannual review of City's SRRE pursuant to Public Resources Code Section 41825;
d) Assist City in applying for any extension, including under Public Resources Code Section 41820, if so directed by City;
e) Assist City in any hearing conducted by CalRecycle, or any other regulatory agency, relating to City's compliance with the Applicable Laws including AB 939, AB 341, AB 1594, and AB 1826;
f) Assist City with the development of and implement a public awareness and education program that is consistent with the City's SRRE and Household Hazardous Waste Element, as well as any related requirements of the Applicable Laws;
g) Provide City with Recycling, source reduction, and other technical assistance as may be needed...
Guarantee and Indemnification. Tyson shall give to the Purchaser a ----------------------------- Continuing Guarantee and Indemnity Agreement in a form substantially similar to Exhibit H, attached hereto, relating to all Products sold hereunder to the Purchaser by Tyson or any of its directly or indirectly owned subsidiaries, including Xxxxxx'x.
Guarantee and Indemnification. Each of BSDE, SDSA and the Guarantors (as a result of the respective Guarantees) irrevocably and unconditionally, jointly and severally:
11.3.1 guarantees to each of BSDE and SDSA the due and punctual observance and performance of all the terms, conditions and covenants on the part of each of them contained in this Agreement and agrees to pay from time to time on demand any and every sum or sums of money which each of BSDE and SDSA is at any time liable to pay to us under or pursuant to the Agreement and which has become due and payable but has not been paid at the time such demand is made; and
11.3.2 agrees to indemnify and hold harmless IBM GF and each of its officers, directors, agents and assigns (collectively, the "Indemnified Persons") against all losses, claims, damages, liabilities or other expenses (including reasonable attorneys' fees and court costs now or hereinafter arising from the enforcement of this Agreement, the "Losses") to which any of them may become subject insofar as such Losses arise out of or are based upon any event, circumstance or condition (a) occurring or existing on or before the date of this Agreement relating to any financing arrangements IBM GF may from time to time have with (i) each Loan Party, (ii) any Person that shall be acquired by any Loan Party or (iii) any Person that any Loan Party may acquire all or substantially all of the assets of, or (b) directly or indirectly, relating to the execution, delivery or performance of this Agreement or the consummation of the transactions contemplated hereby or thereby or to any of the Collateral or to any act or omission of any Loan Party in connection therewith. Notwithstanding the foregoing, none of the Borrower or any of the Guarantors shall be obligated to indemnify IBM GF for any Losses incurred by IBM GF which are a result of IBM GF's gross negligence or wilful misconduct. The indemnity provided herein shall survive the termination of this Agreement.
Guarantee and Indemnification. CONTRACTOR warrants and guaranties 8 that it will carry out its obligations under this Agreement such that: (i) 9 both it and CITY will at all times be in compliance with the requirements 10 of the Applicable Laws including specifically AB 939 and AB 341, and 11 (ii) CITY will meet or exceed the diversion requirements (including, 12 without limitation, amounts of Solid Waste to be diverted, time frames for 13 diversion, and any other requirements) set forth in CONTRACTOR's 14 Diversion Guarantee and the Applicable Laws including AB 939, and all 15 amendments thereto. In this regard CONTRACTOR agrees that it will, in 16 addition to any other requirement contained herein, at its sole cost and
Guarantee and Indemnification
