Agmt05 BFI Waste Systems - Laserfiche WebLink

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1 from or attributable to the acts or omissions of Contractor, its officers, directors, 2 employees, companies or agents, whether or not negligent or otherwise culpable, in 3 connection with or related to the performance of this Agreement, including without 4 limit damages arising from or attributable to any operations, repair, clean-up or 5 detoxification, or preparation and implementation of any removal, remedial, response, 6 closure, post-closure or other plan (regardless of whether undertaken due to 7 governmental action) concerning any Hazardous Substance, Hazardous Waste, and/ or 8 construction and street debris, or other waste Collected under this Agreement. This 9 indemnity afforded indemnitees, shall only be limited to exclude coverage for 10 intentional wrongful acts and negligence of indemnitees, indemnitees delivery of 11 material to Contractor which does not conform to the descriptions of Solid Waste under 12 this Agreement and as provided below. The forgoing indemnity is intended to operate 13 as an agreement in recognition of 9107(e) of the Comprehensive Environmental 14 Response, Compensation and Liability Act, CERCLA, 42 USe. 99607(e) and California 15 Health and Safety Code 925364, to defend, protect, hold harmless, and indemnify 16 SBWMA from liability. This provision is in addition to all other provisions in this 17 Agreement and is intended to survive the end of the Term of this Agreement. Nothing 18 in this paragraph shall prevent Contractor from seeking indemnification or contribution 19 from Persons or entities other than indemnitees, for any liabilities incurred by 20 Contractor, or the indemnitees. As appropriate, Contractor's parent company should 21 provide the guarantees necessary to meet this provision. 22 23 Should the Agency and/ or the SBWMA contract for or direct the Disposal of 24 Solid Waste to a Transfer Station or landfill not owned or solely operated by Contractor 25 or an Affiliate, then in that event, Contractor's Hazardous Substances indemnification 26 and other indemnities shall not apply to claims, damages, legal proceedings or other 27 liabilities arising from or relating to such non-Contractor owned or operated Transfer 28 Station or Disposal Facility. 29 9.02 AB 939 Indemnification. In addition to all other relief provided Agency 30 and SBWMA under this Agreement, Contractor agrees to indemnify and hold harmless 31 Agency, the SBWMA, their officers, Directors, Councils, employees, and agents from 32 and against all fines and/or penalties imposed by the California Integrated Waste 33 Management Board in the event the source reduction and Recycling goals or any other 34 requirement of the Act are not met by the Agency with respect to the waste stream 35 Collected under this Agreement and such failure is due to the failure of Contractor to 36 meet its obligations under this Agreement and/ or for delays in providing information 37 that prevents Agency or Agency from submitting reports required by AB 939 in a 38 timely manner. 39 40 9.03 Insurance. 41 42 A. Minimum Scope of Insurance. Coverage shall be at least as broad 43 as: Attyj Agrj2005.022 060205 -49-