Common use of Hazardous Substance Indemnification Clause in Contracts

Hazardous Substance Indemnification. ‌ 3165 To the extent allowed by Applicable Law, Contractor shall indemnify, defend with counsel acceptable to 3166 City (provided that such acceptance shall not be unreasonably withheld), and hold harmless City and its 3167 employees, volunteers, and agents (collectively, “Indemnitees”) from and against any and all claims, 3168 damages (including but not limited to special, consequential, natural resources, and punitive damages), 3169 injuries, costs (including but not limited to all response, remediation, and removal costs), losses, 3170 demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, 3171 fines, charges, penalties, and expenses (including attorneys’ and expert witness fees incurred in 3172 connection with defending against any of the foregoing or in enforcing this indemnity (collectively, 3173 “damages”)) of any nature whatsoever paid, incurred, suffered by, or asserted against Indemnitees, 3174 arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation 3175 of any removal, remedial, response, closure, or other plan concerning any Hazardous Substances or 3176 Hazardous Waste released, spilled, or disposed of by Contractor pursuant to this Agreement. 3177 Notwithstanding the foregoing, however, Contractor is not required to indemnify the Indemnitees 3178 against claims arising from Contractor’s delivery of Discarded Materials to a facility owned or operated 3179 by a third party, unless such claims are a direct result of Contractor’s negligence or willful misconduct. 3180 The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the 3181 Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 3182 9607(e), California Health and Safety Code Section 25364, and the Resource Conservation and Recovery 3183 Act, 42 U.S.C. Section 6901 et seq. to defend, protect, hold harmless, and indemnify Indemnitees from 3184 liability, and shall survive the expiration or earlier termination of this Agreement.

Hazardous Substance Indemnification. ‌ 3165 3456 To the extent allowed by Applicable Law, Contractor shall indemnify, defend with counsel acceptable to 3166 City 3457 CCCSWA (provided that such acceptance shall not be unreasonably withheld), and hold harmless City 3458 CCCSWA and its 3167 Member Agencies, their officers, directors, employees, volunteers, and agents 3459 (collectively, “Indemnitees”) from and against any and all claims, 3168 damages (including but not limited to 3460 special, consequential, natural resources, and punitive damages), 3169 injuries, costs (including but not 3461 limited to all response, remediation, and removal costs), losses, 3170 demands, debts, liens, liabilities, causes 3462 of action, suits, legal or administrative proceedings, interest, 3171 fines, charges, penalties, and expenses 3463 (including attorneys’ and expert witness fees incurred in 3172 connection with defending against any of the 3464 foregoing or in enforcing this indemnity (collectively, 3173 “damages”)) of any nature whatsoever paid, 3465 incurred, suffered by, or asserted against Indemnitees, 3174 arising from or attributable to any repair, 3466 cleanup or detoxification, or preparation and implementation 3175 of any removal, remedial, response, 3467 closure, or other plan concerning any Hazardous Substances or 3176 Hazardous Waste released, spilled, or 3468 disposed of by Contractor pursuant to this Agreement. 3177 Notwithstanding the foregoing, however, 3469 Contractor is not required to indemnify the Indemnitees 3178 against claims arising from Contractor’s 3470 delivery Delivery of Discarded Franchised Materials to a facility Processing Facility, Disposal Site, or Transfer Station 3471 owned or operated 3179 by a third party, unless such claims are a direct result of Contractor’s negligence or 3472 willful misconduct. 3180 The foregoing indemnity is intended to operate as an agreement pursuant to Section 3473 107(e) of the 3181 Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 3474 U.S.C. Section 3182 9607(e), California Health and Safety Code Section 25364, and the Resource Conservation 3475 and Recovery 3183 Act, 42 U.S.C. Section 6901 et seq. to defend, protect, hold harmless, and indemnify 3476 Indemnitees from 3184 liability, and shall survive the expiration or earlier termination of this Agreement.. 3477

Hazardous Substance Indemnification. ‌ 3165 To the extent allowed by Applicable Law, Contractor shall indemnify, defend with counsel acceptable to 3166 City CCCSWA (provided that such acceptance shall not be unreasonably withheld), and hold harmless City CCCSWA and its 3167 Member Agencies, their officers, directors, employees, volunteers, and agents (collectively, “Indemnitees”) from and against any and all claims, 3168 damages (including but not limited to special, consequential, natural resources, and punitive damages), 3169 injuries, costs (including but not limited to all response, remediation, and removal costs), losses, 3170 demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, 3171 fines, charges, penalties, and expenses (including attorneys’ and expert witness fees incurred in 3172 connection with defending against any of the foregoing or in enforcing this indemnity (collectively, 3173 “damages”)) of any nature whatsoever paid, incurred, suffered by, or asserted against Indemnitees, 3174 arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation 3175 of any removal, remedial, response, closure, or other plan concerning any Hazardous Substances or 3176 Hazardous Waste released, spilled, or disposed of by Contractor pursuant to this Agreement. 3177 Notwithstanding the foregoing, however, Contractor is not required to indemnify the Indemnitees 3178 against claims arising from Contractor’s delivery of Discarded Franchised Materials to a facility Processing Facility, Disposal Site, or Transfer Station owned or operated 3179 by a third party, unless such claims are a direct result of Contractor’s negligence or willful misconduct. 3180 The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the 3181 Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 3182 9607(e), California Health and Safety Code Section 25364, and the Resource Conservation and Recovery 3183 Act, 42 U.S.C. Section 6901 et seq. to defend, protect, hold harmless, and indemnify Indemnitees from 3184 liability, and shall survive the expiration or earlier termination of this Agreement.

Hazardous Substance Indemnification. ‌ 3165 To the extent allowed by Applicable Law, Contractor shall indemnifyprotect, defend (with counsel selected by Contractor and reasonably acceptable to 3166 City (provided that such acceptance shall not be unreasonably withheld), indemnify, and hold harmless the City and , its 3167 Council members, officers, directors, employees, volunteersagents, consultants, successors and agents assigns (collectivelyhereinafter “City Indemnified Parties”), “Indemnitees”) from and against any and all claims, 3168 claims for actual damages (including but not limited to special, consequential, natural resources, special and punitive consequential damages), 3169 natural resources damages, punitive damages, restitution, injuries, costs (including but not limited to all responsecosts, remediationresponse costs, remediation and removal costs), losses, 3170 demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, 3171 fines, charges, penalties, penalties and expenses (including but not limited to attorneys’ and expert witness fees and costs incurred in 3172 connection with defending against any of the foregoing or in enforcing this indemnity (collectively, 3173 “damages”)indemnity) of any nature kind whatsoever paid, incurredincurred or, suffered by, or asserted against Indemniteesagainst, 3174 the City Indemnified Parties, arising out of or resulting from or attributable to any repair, cleanup or cleanup, detoxification, or preparation and implementation 3175 of any removal, remedial, response, closure, corrective action or other plan (regardless of whether undertaken due to governmental action), concerning the release or threatened release of any hazardous substance or Hazardous Substances or 3176 municipal Solid Waste at any place where Hazardous or Solid Waste releasedis or has been transported, spilledtransferred, processed, stored, disposed of, or disposed of has otherwise come to be located by Contractor pursuant to this the Franchisethis Agreement, which may result in a release of Hazardous Waste or hazardous substance into the environment. 3177 Notwithstanding As used herein, the foregoing, however, Contractor is not required to indemnify phrases “hazardous substance” and “Hazardous Waste” shall coincide with the Indemnitees 3178 against claims arising from Contractor’s delivery of Discarded Materials to a facility owned broadest definition thereof contained in any present or operated 3179 by a third party, unless such claims are a direct result of Contractor’s negligence future federal or willful misconductstate laws. 3180 The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the 3181 Comprehensive Environmental Response, Compensation Response and Liability Act (“CERCLA”), 42 U.S.C. Section 3182 9607(e), and California Health and Safety Code Section 25364, and the Resource Conservation and Recovery 3183 Act, 42 U.S.C. Section 6901 et seq. to defend, protectprotect and, hold harmless, and indemnify Indemnitees the City Indemnified Parties from 3184 liability, and . This provision shall survive the expiration or earlier termination of this AgreementagreementAgreement between Contractor and the City. The foregoing indemnity shall not have any dollar limitation. The foregoing indemnity is for the exclusive benefit of the City Indemnified Parties and in no event shall suchthis indemnity inure to the benefit of any third party. The foregoing indemnity shall not apply with respect to: (1) any Hazardous Waste or hazardous substance generated by the City and delivered by the City to Contractor; (2) the closure and post-closure of Xxxxxx Landfill; (3) the disposal or release of hazardous substances or Hazardous Waste, which disposal or release has resulted from the negligence or willful misconduct of City in collecting or delivering hazardous substances or Hazardous Waste in City vehicles to Contractor’s facilities; or (4) Contractor’s operation of the PHHWCF, unless the release is caused by the negligence of Contractor. This indemnity shall include and cover any activities of Contractor under the Prior Agreements. Nothing in these exclusions shall be deemed a waiver of any other rights or claims the City may have against the Contractor independent of this indemnity.

Hazardous Substance Indemnification. ‌ 3165 To the extent allowed by Applicable Law, Contractor shall indemnify, defend with counsel acceptable to 3166 City (provided that such acceptance shall not be unreasonably withheld), and hold harmless City and City, its 3167 officers, directors, employees, volunteers, and agents (collectively, “Indemnitees”) from and against any and all claims, 3168 damages (including but not limited to special, consequential, natural resources, and punitive damages), 3169 injuries, costs (including but not limited to all response, remediation, and removal costs), losses, 3170 demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, 3171 fines, charges, penalties, and expenses (including attorneys’ and expert witness fees incurred in 3172 connection with defending against any of the foregoing or in enforcing this indemnity (collectively, 3173 “damages”)) of any nature whatsoever paid, incurred, suffered by, or asserted against Indemnitees, 3174 arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation 3175 of any removal, remedial, response, closure, or other plan concerning any Hazardous Substances or 3176 Hazardous Waste released, spilled, or disposed of by Contractor pursuant to this Agreement. 3177 Notwithstanding the foregoing, however, Contractor is not required to indemnify the Indemnitees 3178 against claims arising from Contractor’s delivery of Discarded Materials Residue to a facility Disposal Site owned or operated 3179 by a third party, unless such claims are a direct result of Contractor’s negligence or willful misconduct. 3180 The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the 3181 Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 3182 9607(e), California Health and Safety Code Section 25364, and the Resource Conservation and Recovery 3183 Act, 42 U.S.C. Section 6901 et seq. to defend, protect, hold harmless, and indemnify Indemnitees from 3184 liability, and shall survive the expiration or earlier termination of this Agreement.

Hazardous Substance Indemnification. ‌ 3165 2937 To the extent allowed by Applicable Law, Contractor shall indemnify, defend with counsel acceptable to 3166 2938 City (provided that such acceptance shall not be unreasonably withheld), and hold harmless City and its 3167 2939 employees, volunteers, and agents (collectively, “Indemnitees”) from and against any and all claims, 3168 2940 damages (including but not limited to special, consequential, natural resources, and punitive damages), 3169 2941 injuries, costs (including but not limited to all response, remediation, and removal costs), losses, 3170 2942 demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, 3171 2943 fines, charges, penalties, and expenses (including attorneys’ and expert witness fees incurred in 3172 2944 connection with defending against any of the foregoing or in enforcing this indemnity (collectively, 3173 2945 “damages”)) of any nature whatsoever paid, incurred, suffered by, or asserted against Indemnitees, 3174 2946 arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation 3175 2947 of any removal, remedial, response, closure, or other plan concerning any Hazardous Substances or 3176 2948 Hazardous Waste released, spilled, or disposed of by Contractor pursuant to this Agreement. 3177 2949 Notwithstanding the foregoing, however, Contractor is not required to indemnify the Indemnitees 3178 2950 against claims arising from Contractor’s delivery of Discarded Materials to a facility owned or operated 3179 2951 by a third party, unless such claims are a direct result of Contractor’s negligence or willful misconduct. 3180 2952 The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the 3181 2953 Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 3182 2954 9607(e), California Health and Safety Code Section 25364, and the Resource Conservation and Recovery 3183 2955 Act, 42 U.S.C. Section 6901 et seq. to defend, protect, hold harmless, and indemnify Indemnitees from 3184 2956 liability, and shall survive the expiration or earlier termination of this Agreement.

Hazardous Substance Indemnification. ‌ 3165 3218 To the extent allowed by Applicable Law, Contractor shall indemnify, defend with counsel acceptable to 3166 City 3219 CCCSWA (provided that such acceptance shall not be unreasonably withheld), and hold harmless City 0000 XXXXXX and its 3167 Member Agencies, their officers, directors, employees, volunteers, and agents 3221 (collectively, “Indemnitees”) from and against any and all claims, 3168 damages (including but not limited to 3222 special, consequential, natural resources, and punitive damages), 3169 injuries, costs (including but not 3223 limited to all response, remediation, and removal costs), losses, 3170 demands, debts, liens, liabilities, causes 3224 of action, suits, legal or administrative proceedings, interest, 3171 fines, charges, penalties, and expenses 3225 (including attorneys’ and expert witness fees incurred in 3172 connection with defending against any of the 3226 foregoing or in enforcing this indemnity (collectively, 3173 “damages”)) of any nature whatsoever paid, 3227 incurred, suffered by, or asserted against Indemnitees, 3174 arising from or attributable to any repair, 3228 cleanup or detoxification, or preparation and implementation 3175 of any removal, remedial, response, 3229 closure, or other plan concerning any Hazardous Substances or 3176 Hazardous Waste released, spilled, or 3230 disposed of by Contractor pursuant to this Agreement. 3177 Notwithstanding the foregoing, however, 3231 Contractor is not required to indemnify the Indemnitees 3178 against claims arising from Contractor’s delivery 3232 Delivery of Discarded Franchised Materials to a facility Processing Facility, Disposal Site, or Transfer Station owned or 3233 operated 3179 by a third party, unless such claims are a direct result of Contractor’s negligence or willful 3234 misconduct. 3180 The foregoing indemnity is intended to operate as an agreement pursuant to Section 3235 107(e) of the 3181 Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 3236 U.S.C. Section 3182 9607(e), California Health and Safety Code Section 25364, and the Resource Conservation 3237 3238 and Recovery 3183 Act, 42 U.S.C. Section 6901 et seq. to defend, protect, hold harmless, and indemnify Indemnitees from 3184 liability, and shall survive the expiration or earlier termination of this Agreement.. 3239

Hazardous Substance Indemnification. ‌ 3165 1731 To the extent allowed by Applicable Law, Contractor shall indemnify, defend with counsel acceptable to 3166 the City 1732 (provided that such acceptance shall not be unreasonably withheld), and hold harmless City and the City, its 3167 officers, 1733 directors, employees, volunteers, and agents (collectively, “Indemnitees”) from and against any and all claims, 3168 1734 damages (including but not limited to special, consequential, natural resources, and punitive damages), 3169 injuries, 1735 costs (including but not limited to all response, remediation, and removal costs), losses, 3170 demands, debts, liens, 1736 liabilities, causes of action, suits, legal or administrative proceedings, interest, 3171 fines, charges, penalties, and expenses 1737 (including attorneys’ and expert witness fees incurred in 3172 connection with defending against any of the foregoing or 1738 in enforcing this indemnity (collectively, 3173 “damages”)) of any nature whatsoever paid, incurred, suffered by, or 1739 asserted against Indemnitees, 3174 arising from or attributable to any repair, cleanup or detoxification, or preparation 1740 and implementation 3175 of any removal, remedial, response, closure, or other plan concerning any Hazardous 1741 Substances or 3176 Hazardous Waste released, spilled, or disposed of by Contractor pursuant to this Agreement. 3177 1742 Notwithstanding the foregoing, however, Contractor is not required to indemnify the Indemnitees 3178 against claims 1743 arising from Contractor’s delivery of Discarded Materials Residue to a facility owned Disposal Site Owned or operated 3179 by a third party, unless such 1744 claims are a direct result of Contractor’s negligence or willful misconduct. 3180 The foregoing indemnity is intended to 1745 operate as an agreement pursuant to Section 107(e) of the 3181 Comprehensive Environmental Response, Compensation 1746 and Liability Act (“CERCLA”), 42 U.S.C. Section 3182 9607(e), California Health and Safety Code Section 25364, and the 1747 Resource Conservation and Recovery 3183 Act, 42 U.S.C. Section 6901 et seq. to defend, protect, hold harmless, and 1748 indemnify Indemnitees from 3184 liability, and shall survive the expiration or earlier termination of this Agreement.. 1749

Hazardous Substance Indemnification. ‌ 3165 1596 To the extent allowed by Applicable Law, Contractor shall indemnify, defend with counsel acceptable to 3166 City CCCSWA 1597 (provided that such acceptance shall not be unreasonably withheld), and hold harmless City CCCSWA and its 3167 Member 1598 Agencies, their officers, directors, employees, volunteers, and agents (collectively, “Indemnitees”) from and 1599 against any and all claims, 3168 damages (including but not limited to special, consequential, natural resources, and 1600 punitive damages), 3169 injuries, costs (including but not limited to all response, remediation, and removal costs), 1601 losses, 3170 demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, 3171 fines, 1602 charges, penalties, and expenses (including attorneys’ and expert witness fees incurred in 3172 connection with 1603 defending against any of the foregoing or in enforcing this indemnity (collectively, 3173 “damages”)) of any nature 1604 whatsoever paid, incurred, suffered by, or asserted against Indemnitees, 3174 arising from or attributable to any repair, 1605 cleanup or detoxification, or preparation and implementation 3175 of any removal, remedial, response, closure, or 1606 other plan concerning any Hazardous Substances or 3176 Hazardous Waste released, spilled, or disposed of by 1607 Contractor pursuant to this Agreement. 3177 Notwithstanding the foregoing, however, Contractor is not required to 1608 indemnify the Indemnitees 3178 against claims arising from Contractor’s delivery of Discarded Materials Residue to a facility Disposal Site owned or 1609 operated 3179 by a third party, unless such claims are a direct result of Contractor’s negligence or willful misconduct. 3180 1610 The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the 3181 Comprehensive 1611 Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. Section 3182 9607(e), California Health 1612 and Safety Code Section 25364, and the Resource Conservation and Recovery 3183 Act, 42 U.S.C. Section 6901 et seq. to 1613 defend, protect, hold harmless, and indemnify Indemnitees from 3184 liability, and shall survive the expiration or earlier 1614 termination of this Agreement.. 1615