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4308 CPI -U Parameters: 4309 Area — San Francisco -Oakland -San Jose Metropolitan Area 4310 Item —All Items 4311 Base Period — Current 1982-84=100 4312 Not seasonally adjusted 4313 Periodicity — Bi -monthly 4314 Series ID — cuura422sa0 4315 13.04 ALTERNATIVE SECURITY 4316 Agency may, in its sole discretion, allow Contractor to provide alternative security in the 4317 amount set forth in Section 13.03, in the form of (a) a prepaid irrevocable standby letter 4318 of credit in form and substance satisfactory to Agency, approved by the Agency's 4319 Attorney and issued by a financial institution acceptable to Agency, or (b) a certificate of 4320 deposit in the name of the Agency and in a form and with a term satisfactory to Agency, 4321 accompanied by an agreement giving Agency the right to draw on the funds deposited 4322 satisfactory to Agency and with a financial institution acceptable to Agency. Interest on 4323 the certificate of deposit will be payable to Contractor. 4324 13.05 HAZARDOUS WASTE INDEMNIFICATION 4325 Contractor shall indemnify, defend, and hold harmless the Indemnitees against all 4326 claims, of any kind whatsoever paid, incurred, or suffered by, or asserted against 4327 Indemnitees arising from or attributable to any repair, cleanup or detoxification, or 4328 preparation and implementation of any removal, remedial, response, closure. or other 4329 plan (regardless of whether undertaken due to governmental action) concerning any 4330 Hazardous Wastes released, spilled. or disposed of by Contractor pursuant to this 4331 Agreement. The foregoing indemnity is intended to operate as an agreement pursuant 4332 to Section 107(e) of the Comprehensive Environmental Response, Compensation and 4333 Liability Act, ("CERCLA"), 42 U.S.C. Section 9607(e), and California Health and Safety 4334 Code Section 25364, to defend, protect, hold harmless. and indemnify Indemnitees from 4335 liability and shall survive the expiration or earlier termination of this Agreement. 4336 Notwithstanding the foregoing, Contractor is not required to indemnify the Indemnitees 4337 against claims arising from Contractor's delivery of Solid Waste, Recyclable Materials, 4338 and Organic Materials to the Designated Transfer and Processing Facility, or their 4339 subsequent delivery to other processing locations or the ultimate Disposal Site, unless 4340 such claims are due to Contractor's negligence or willful misconduct. 4341 13.06 INDEMNIFICATION RELATED TO VARIOUS STATE REQUIREMENTS 4342 Contractor agrees to indemnify and hold harmless the Indemnitees against all fines 4343 and/or penalties imposed by the California Department of Resources Recycling and 4344 Recovery (CalRecycle) or the Local Enforcement Agency (LEA) based on Contractor's 4345 failure to comply with laws, regulations. or permits issued or enforced by CalRecycle or 4346 the LEA or caused or contributed to by the Contractor's failure to perform obligations 4347 under this Agreement. This indemnity obligation is subject to the limitations and 4348 conditions in Public Resource Code Section 40059.1 but is enforceable to the maximum 4349 extent allowable by that Section. This indemnity shall survive the termination or earlier 4350 expiration of this Agreement. The indemnity shall pertain to the Act, AB 341, AB 901, AB 4351 1826, AB 1594, SB 1016, SB 1383, and other laws, regulations. or permits issued or 4352 enforced by the CalRecycle or the LEA. REV: 03-16-18 MI Page 106 of 126 ATTY/AGR.2018.054/Recology of San Mateo