Hazardous Substances Indemnification. The FRANCHISEE shall indemnify, hold harmless, defend with counsel acceptable to the TOWN, protect and hold harmless the TOWN, its officers, officials, employees, agents, assigns and any successor or successors to the TOWN’s interest from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages) injuries, response mediation and removal costs, losses, demands, depts., liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, attorney’s fees for the adverse party and expenses (including but not limited to attorney’s and expert witness fees and costs incurred in connection with defending against any of the forgoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against TOWN or is officers, officials, employees, agents, assigns, or contactors arising from or attributable to acts or omissions including but not limited to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertake due to governmental action) concerning any hazardous substance or Hazardous Wastes at any place where FRANCHISEE transports, stores, or disposes of Solid Waste pursuant to this AGREEMENT. The foregoing indemnity is intended to operate as an AGREEMENT pursuant to Section 107(e) of CERCLA, 42 U.S.C. sections 9607(c) and California Health and Safety Code Section 25364, to defend insure, protect, hold harmless and indemnify the TOWN from liability.
Appears in 2 contracts
Samples: Non Exclusive Temporary Construction and Demolition Debris Collection Service Agreement, Non Exclusive Temporary Construction and Demolition Debris Collection Service Agreement
Hazardous Substances Indemnification. The FRANCHISEE CONTRACTOR shall indemnify, hold harmless, 32 defend with counsel acceptable to the TOWNCITY, protect and hold harmless the TOWNCITY, its officers, 33 officials, employees, agents, assigns and any successor or successors to the TOWNCITY’s interest 34 from and against all claims, damages (including but not limited to special, consequential, natural 35 resources and punitive damages) injuries, hazardous materials response mediation and 36 removal costs, losses, demands, depts., liens, liabilities, causes of action, suits, legal or administrative 37 proceedings, interest, fines, charges, penalties, attorney’s fees for the adverse party and 38 expenses (including but not limited to attorney’s and expert witness fees and costs incurred in 39 connection with defending against any of the forgoing foregoing or enforcing this indemnity) of any kind 40 whatsoever paid, incurred or suffered by, or asserted against TOWN CITY or is its officers, officials, 41 employees, agents, assigns, or contactors arising from or attributable to acts or omissions of 42 CONTRACTOR or its agents, including but not limited to any repair, cleanup or detoxification, or 43 preparation and implementation of any removal, remedial, response, closure or other plan 44 (regardless of whether undertake undertaken due to governmental action) concerning any hazardous 45 substance or Hazardous Wastes at any place where FRANCHISEE CONTRACTOR transports, stores, or 46 disposes of Solid Waste Garbage pursuant to this AGREEMENTAgreement. The foregoing indemnity is intended to 47 operate as an AGREEMENT agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. sections section 9607(c) 1 and California Health and Safety Code Section 25364, to defend insure, protect, hold harmless 2 and indemnify the TOWN CITY from liability.
Appears in 2 contracts
Samples: Collection Service Agreement, Collection Service Agreement
Hazardous Substances Indemnification. The FRANCHISEE CONTRACTOR shall indemnify, 982 hold harmless, defend with counsel acceptable to the TOWNCITY, protect and hold harmless the TOWN983 CITY, its officers, officials, employees, agents, assigns and any successor or successors to the TOWN’s 984 CITY’S interest from and against all claims, damages (including but not limited to special, 985 consequential, natural resources and punitive damages) injuries, response mediation and 986 removal costs, losses, demands, depts., liens, liabilities, causes of action, suits, legal or administrative 987 proceedings, interest, fines, charges, penalties, attorney’s fees for the adverse party and 988 expenses (including but not limited to attorney’s and expert witness fees and an costs incurred in 989 connection with defending against any of the forgoing or enforcing this indemnity) of any kind 990 whatsoever paid, incurred or suffered by, or asserted against TOWN CITY or is officers, officials, 991 employees, agents, assigns, or contactors arising from or attributable to acts or omissions 992 including but not limited to any repair, cleanup or detoxification, or preparation and 993 implementation of any removal, remedial, response, closure or other plan (regardless of 994 whether undertake due to governmental action) concerning any hazardous substance or Hazardous Wastes 995 hazardous wastes at any place where FRANCHISEE CONTRACTOR transports, stores, or disposes of Solid 996 Temporary Waste pursuant to this AGREEMENTAgreement. The foregoing indemnity is intended to operate 997 as an AGREEMENT Agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. sections Sections 9607(c) and 998 California Health and Safety Code Section 25364, to defend insure, protect, hold harmless and 999 indemnify the TOWN CITY from liability. 1000 15.04 CIWMB Diversion Goals. CONTRACTOR agrees to protect, indemnify, hold 1001 harmless, and defend CITY with counsel selected by CONTRACTOR and approved by CITY, to 1002 pay all attorneys’ fees, and to indemnify and hold CITY harmless from and against all fines or 1003 penalties imposed by the California Integrated Waste Management Board if the diversion goals 1004 specified in California Public Resources Code Section 41780 as of the date hereof and 1005 hereafter throughout are not met by the CITY with respect to the Temporary Wastes Collected 1006 by CONTRACTOR and if the lack in meeting such goals are attributable to the failure of the 1007 CONTRACTOR to implement and operate the recycling or diversion programs or undertake the 1008 related activities required by this Agreement.
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