Common use of HAZARDOUS WASTE INDEMNIFICATION Clause in Contracts

HAZARDOUS WASTE INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the indemnitees against all claims, of any kind whatsoever paid, incurred or suffered by, or asserted against indemnitees 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 wastes released, spilled or disposed of by Contractor pursuant to this 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 25364, to defend, protect, hold harmless and indemnify indemnitees from liability and shall survive the expiration or earlier termination of this agreement. Notwithstanding the foregoing, Contractor is not required to indemnify the indemnitees against claims arising from Contractor's delivery of solid waste, refuse, C&D and/or targeted recyclable materials to a solid waste disposal facility, or their subsequent delivery to other processing locations or the ultimate disposal site, unless such claims are due to Contractor's negligence or willful misconduct. Contractor’s obligations under this Section shall not apply with regard to hazardous wastes or other unacceptable materials placed in containers without Contractor’s knowledge and written approval.

Appears in 4 contracts

Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement

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HAZARDOUS WASTE INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the indemnitees against all claims, of any kind whatsoever paid, incurred or suffered by, or asserted against indemnitees 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 wastes Hazardous Wastes released, spilled or disposed of by Contractor pursuant to this agreementAgreement. 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 25364, to defend, protect, hold harmless and indemnify indemnitees from liability and shall survive the expiration or earlier termination of this agreementAgreement. Notwithstanding the foregoing, Contractor is not required to indemnify the indemnitees against claims arising from Contractor's delivery of solid waste, refuseSolid Waste, C&D and/or targeted recyclable materials Targeted Recyclable Materials to a solid waste disposal facilitythe Designated Transfer, Processing and Disposal Facility, or their subsequent delivery to other processing locations or the ultimate disposal siteDisposal Site, unless such claims are due to Contractor's negligence or willful misconduct. Contractor’s obligations under this Section shall not apply with regard to hazardous wastes or other unacceptable materials placed in containers without Contractor’s knowledge and written approval.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

HAZARDOUS WASTE INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the indemnitees Indemnitees against all claims, of any kind whatsoever paid, incurred or suffered by, or asserted against indemnitees 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 wastes released, spilled or disposed of by Contractor pursuant to this agreementAgreement. 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 25364, to defend, protect, hold harmless and indemnify indemnitees Indemnitees from liability and shall survive the expiration or earlier termination of this agreementAgreement. Notwithstanding the foregoing, Contractor is not required to indemnify the indemnitees against claims arising from Contractor's delivery of solid waste, refuse, C&D waste and/or targeted recyclable materials to a solid waste disposal facilitythe Designated Transfer and Processing Facility, or their subsequent delivery to other processing locations or the ultimate disposal site, unless such claims are due to Contractor's negligence or willful misconduct. Contractor’s obligations under this Section shall not apply with regard to hazardous wastes or other unacceptable materials placed in containers without Contractor’s knowledge and written approval.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

HAZARDOUS WASTE INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the indemnitees Indemnitees against all claims, of any kind whatsoever paid, incurred or suffered by, or asserted against indemnitees 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 wastes Hazardous Wastes released, spilled or disposed of by Contractor pursuant to this agreementAgreement. 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 25364, to defend, protect, hold harmless and indemnify indemnitees Indemnitees from liability and shall survive the expiration or earlier termination of this agreementAgreement. Notwithstanding the foregoing, Contractor is not required to indemnify the indemnitees against claims arising from Contractor's delivery of solid waste, refuse, C&D Solid Waste and/or targeted recyclable materials Targeted Recyclable Materials to a solid waste disposal facilitythe Designated Transfer and Processing Facility, or their subsequent delivery to other processing locations or the ultimate disposal siteDisposal Site, unless such claims are due to Contractor's negligence or willful misconduct. Contractor’s obligations under this Section shall not apply with regard to hazardous wastes or other unacceptable materials placed in containers without Contractor’s knowledge and written approval.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

HAZARDOUS WASTE INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the indemnitees against all claims, of any kind whatsoever paid, incurred or suffered by, or asserted against indemnitees 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 wastes released, spilled or disposed of by Contractor pursuant to this 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 25364, to defend, protect, hold harmless and indemnify indemnitees from liability and shall survive the expiration or earlier termination of this agreement. Notwithstanding the foregoing, Contractor is not required to indemnify the indemnitees against claims arising from Contractor's delivery of solid waste, refuse, C&D and/or targeted recyclable materials to a solid waste the designated transfer, processing and disposal facility, or their subsequent delivery to other processing locations or the ultimate disposal site, unless such claims are due to Contractor's negligence or willful misconduct. Contractor’s obligations under this Section shall not apply with regard to hazardous wastes or other unacceptable materials placed in containers without Contractor’s knowledge and written approval.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

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HAZARDOUS WASTE INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the indemnitees Indemnitees against all claims, of any kind whatsoever paid, incurred or suffered by, or asserted against indemnitees Indemnitees 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 wastes released, spilled or disposed of by Contractor pursuant to this agreementAgreement. 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 25364, to defend, protect, hold harmless and indemnify indemnitees Indemnitees from liability and shall survive the expiration or earlier termination of this agreementAgreement. Notwithstanding the foregoing, Contractor is not required to indemnify the indemnitees Indemnitees against claims arising from Contractor's delivery of solid waste, refuse, C&D waste and/or targeted recyclable materials to a solid waste disposal facilitythe Designated Transfer and Processing Facility, or their subsequent delivery to other processing locations or the ultimate disposal site, unless such claims are due to Contractor's negligence or willful misconduct. Contractor’s obligations under this Section shall not apply with regard to hazardous wastes or other unacceptable materials placed in containers without Contractor’s knowledge and written approval.

Appears in 1 contract

Samples: Franchise Agreement

HAZARDOUS WASTE INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the indemnitees against all claims, of any kind whatsoever paid, incurred or suffered by, or asserted against indemnitees 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 wastes released, spilled or disposed of by Contractor pursuant to this agreementAgreement. 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 25364, to defend, protect, hold harmless and indemnify indemnitees from liability and shall survive the expiration or earlier termination of this agreementAgreement. Notwithstanding the foregoing, Contractor is not required to indemnify the indemnitees against claims arising from Contractor's delivery of solid waste, refuse, C&D and/or targeted recyclable materials Targeted Recyclable Materials to a solid waste disposal facility, or their subsequent delivery to other processing locations or the ultimate disposal site, unless such claims are due to Contractor's negligence or willful misconduct. Contractor’s obligations under this Section shall not apply with regard to hazardous wastes or other unacceptable materials placed in containers without Contractor’s knowledge and written approval.

Appears in 1 contract

Samples: Franchise Agreement

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