Common use of HAZARDOUS WASTE INDEMNIFICATION Clause in Contracts

HAZARDOUS WASTE INDEMNIFICATION. The Contractor shall indemnify, defend with counsel acceptable to the County, and hold harmless the County, its officers, officials, employees, agents, assigns and any successor or successors to the County’s interest from and against all claims, damages (including but not limited to special, consequential and natural resources damages) injuries, Hazardous Materials response, remediation and removal costs, losses, demands, liens, liabilities, causes of action, suits (including citizens suits), legal or administrative proceedings, interest, fines, charges, penalties (including attorneys’ fees for the adverse party), 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 enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against County or its officers, officials, employees, agents, assigns, or contractors arising or resulting from 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 (i) any hazardous substance or hazardous wastes at any facility owned or operated by the Contractor or an affiliate of the Contractor where the Contractor transports, stores, or causes to be disposed Solid Waste pursuant to this Franchise Agreement; (ii) the Contractor’s discharge of a pollutant in violation of the state Xxxxxx-Cologne Water Quality Act or federal Clean Water Act; (iii) the Contractor’s violation of any state or federal air quality standard, law or regulation; (iv) the Contractor’s violation of any other state or federal environmental law, including the Resource Conservation and Recovery Act or its state law corollary; or (v) the Contractor’s discharge of any hazardous substance or Hazardous Waste that causes injury to person(s) or property, in each of clauses (ii) through (v), during the term of this Franchise Agreement, and in connection with Contractor’s performance of this Agreement. The foregoing indemnity is intended to operate as an agreement to indemnify, defend, protect and hold County harmless from liability, pursuant to Section 107(e) of CERCLA, 42 U.S.C. section 9607(e) and California Health and Safety Code Section 25364, and other applicable state and federal environmental laws.

HAZARDOUS WASTE INDEMNIFICATION. The Contractor Without limiting the generality of the foregoing, if Grantee is alleged to have, or determined to have, or not disputed allegations that it has negligently or willfully acted or failed to act with respect to the collection, handling or transportation of Hazardous Waste, Grantee shall indemnify, defend with counsel acceptable to the Countychosen by City, protect and hold harmless the CountyCity and its respective elected officials, its officers, officials, employees, contractors, consultants, attorneys, agents, assigns volunteers, assigns, and any successor or successors to the County’s interest harmless from and against all claims, actual damages (including including, but not limited to specialto, special and consequential and damages), natural resources damage, punitive damages) , injuries, Hazardous Materials responsecosts, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits (including citizens suits), legal or administrative proceedings, interest, fines, charges, penalties (including attorneys’ fees for the adverse party)penalties, and expenses (including including, but not limited to 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 County against, City or its respective officers, officials, employees, agents, assigns, or contractors Grantees arising from or resulting from attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, remedial response, closure or other plan (regardless of whether undertaken due to governmental action) concerning (i) any hazardous substance Hazardous Waste as to which Grantee has negligently or hazardous wastes willfully acted or failed to act with respect to its collection, handling or transportation at any facility owned or operated by the Contractor or an affiliate of the Contractor place where the Contractor transports, Grantee stores, handles, transports or causes to be disposed disposes of Solid Waste pursuant to this Franchise Agreement; (ii) the Contractor’s discharge . The foregoing indemnity does not extend to liability arising from de minimis amounts of a pollutant household hazardous waste that Customers may place in violation of the state Xxxxxx-Cologne Water Quality Act or federal Clean Water Act; (iii) the Contractor’s violation of any state or federal air quality standard, law or regulation; (iv) the Contractor’s violation of any other state or federal environmental law, including the Resource Conservation and Recovery Act or its state law corollary; or (v) the Contractor’s discharge of any hazardous substance or Hazardous Waste that causes injury to person(s) or property, in each of clauses (ii) through (v), during the term of this Franchise Agreementsolid waste receptacles, and in connection with Contractorexcludes liability arising from City’s performance decision to exercise its waste delivery designation rights under Section 8 of this Agreement. The foregoing indemnity is intended to operate and shall operate as an agreement to indemnify, defend, protect and hold County harmless from liability, pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. section Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, indemnify, and other applicable state and federal environmental lawshold the City harmless from liability. This Section 9B shall survive the termination, lapse or any change in the relationship of the Parties hereto.