Common use of Hazardous Substances Indemnification Clause in Contracts

Hazardous Substances Indemnification. Except with respect to disposal facilities selected by the CITY pursuant to Section 22, CONTRACTOR shall indemnify, defend with counsel approved by CITY, protect and hold harmless CITY, its officers, employees, agents, assignees, and any successor or successors to CITY'S interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including but not limited to attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, CITY or its officers, employees, agents, or Contractors arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes at any place where CONTRACTOR stores or disposes of municipal solid waste or construction debris pursuant to this Franchise Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA”, 42 U.S.C. Section 9607 (e) and California Health and Safety Code Section 5364, to insure, protect, hold harmless, and indemnify CITY from liability. This provision is in addition to all other provisions of this Agreement and is intended to apply to CONTRACTOR'S actions during the term of this Agreement and survive the end of the term of this Agreement.

Hazardous Substances Indemnification. Except with respect to disposal facilities selected by the CITY pursuant to Section 22, CONTRACTOR Contractor shall indemnify, defend with counsel approved by CITYreasonably acceptable to City, indemnify, protect and hold harmless CITY, its officers, employees, agents, assignees, and any successor or successors to CITY'S interest the Indemnitees from and against all claims, actual damages (including but not limited to special and consequential damages)special, consequential, natural resources damage, and punitive damages), injuries, costs, (including without limit any and all response, remediation and removal costs), losses, demands, debts, 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 without limit attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity), (collectively, “Damages”) of any kind whatsoever paid, incurred or suffered by, or asserted against, CITY or its officers, employees, agents, or Contractors the Indemnitees arising from or attributable to the acts or omissions of Contractor, its officers, directors, employees, Affiliates or agents, whether or not negligent or otherwise culpable, relating to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance Hazardous Substance, Hazardous Waste, Household Hazardous Waste, Solid Waste, and/or other waste that has been generated, Collected, stored, Transported, or hazardous wastes at any place where CONTRACTOR stores disposed in connection with or disposes related to the performance of municipal solid waste or construction debris pursuant to this Franchise Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e§ 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, 42 USC. § 9607(e), Resource Conservation and Recovery Act (“CERCLARCRA”), 42 U.S.C. Section 9607 (e) § 6901 et seq., and California Health and Safety Code Section 5364§ 25364, to insuredefend, protect, hold harmless, and indemnify CITY the Indemnitees from liability. This provision The liability of Contractor pursuant to this Section 9.2 is in addition not limited to all other provisions of this Agreement and is intended to apply to CONTRACTOR'S actions during the term of this Agreement and survive the end limits of the term policies of this Agreementinsurance provided pursuant to Section 9.4. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO ALL OTHER PROVISIONS IN THIS AGREEMENT AND SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

Hazardous Substances Indemnification. Except with respect to disposal facilities selected by the CITY pursuant to Section 22, CONTRACTOR Contractor shall indemnify, defend with counsel approved selected by CITYCity, protect and hold harmless CITYthe City, its officers, directors, employees, agents, assigneesvolunteers, and any successor or successors to CITY'S interest agents (collectively, “indemnitees”) from and against all claims, actual damages (including but not limited to special and consequential damages)special, consequential, natural resources damage, and punitive damages), injuries, costs, response(including without limit any and all responses, remediation and removal costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including but not limited to without limit attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity), (collectively, “damages”) of any kind whatsoever paid, incurred or suffered by, or asserted against, CITY indemnitees arising from or attributable to the acts or omissions of Contractor, its officers, directors, employees, companies or agents, whether or Contractors not negligent or otherwise culpable, in connection with or related to the performance of this Agreement, including without limit damages arising from or attributable to any operations, repair, cleanup clean-up or detoxification, or preparation and implementation of any removal, remedial, response, closure, post-closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or substance, hazardous wastes waste, and/or household hazardous waste (collectively, “waste”) at any place places where CONTRACTOR Contractor transports, processes, stores or disposes of municipal the solid waste, and/or construction and street debris, or other waste or construction debris pursuant collected under this Agreement. This indemnity afforded indemnitees, shall only be limited to this Franchise Agreementexclude coverage for intentional wrongful acts and active negligence of indemnitees. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA”, 42 U.S.C. Section 9607 (eUSC §9607(e) and California Health and Safety Code Section 5364§25364, to insuredefend, protect, hold harmless, and indemnify CITY City from liability. This provision is in addition to all other provisions of provision in this Agreement and is intended to apply to CONTRACTOR'S actions during the term of this Agreement and survive the end of the term of this Agreement. Nothing in this paragraph shall prevent the Contractor from seeking indemnification or contribution from persons or entities other than indemnitees, for any liabilities incurred by the Contractor, or the indemnitees. As appropriate, the parent company should provide the guarantees necessary to meet this provision. All costs of Contractor incurred in providing this indemnification and in defense of itself and related party entities, shall be disallowed for purposes of setting rates under this Agreement.

Hazardous Substances Indemnification. Except with respect to disposal facilities selected by the CITY pursuant to Section 22, CONTRACTOR Company shall indemnify, defend with counsel approved by CITYreasonably acceptable to City, indemnify, protect and hold harmless CITY, its officers, employees, agents, assignees, and any successor or successors to CITY'S interest the Indemnitees from and against all claims, actual damages (including but not limited to special and consequential damages)special, consequential, natural resources damage, and punitive damages), injuries, costs, (including without limit any and all response, remediation and removal costs), losses, demands, debts, 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 without limit attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity), (collectively, “Damages”) of any kind whatsoever paid, incurred or suffered by, or asserted against, CITY or its officers, employees, agents, or Contractors the Indemnitees arising from or attributable to the acts or omissions of Company, its officers, directors, employees, Affiliates or agents, whether or not negligent or otherwise culpable, relating to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance Hazardous Substance, Hazardous Waste, Household Hazardous Waste, Solid Waste, and/or other waste that has been generated, Collected, stored, Transported, or hazardous wastes at any place where CONTRACTOR stores disposed in connection with or disposes related to the performance of municipal solid waste or construction debris pursuant to this Franchise Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e§ 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, 42 USC. § 9607(e), Resource Conservation and Recovery Act (“CERCLARCRA”), 42 U.S.C. Section 9607 (e) § 6901 et seq., and California Health and Safety Code Section 5364§ 25364, to insuredefend, protect, hold harmless, and indemnify CITY the Indemnitees from liability. This provision If City exercises its option under Section 3.10, in writing, to direct Solid Waste to another Solid Waste Facility that is in addition to all other provisions of not owned or operated by Company or its Affiliates, then this Agreement and is intended to indemnity shall not apply to CONTRACTOR'S actions during the term of this Agreement and survive the end that portion of the term waste that City has redirected. The liability of Company pursuant to this AgreementSection 9.2 is not limited to the limits of the policies of insurance provided pursuant to Section 9.4.