AB 939 Indemnification. 3478 In addition to any other indemnity obligations set forth herein, Contractor agrees to indemnify, defend, 3479 and hold harmless CCCSWA and its Member Agencies, their officers, directors, employees, volunteers, 3480 and agents from and against any and all fines and/or penalties imposed by XxxXxxxxxx or the Local 3481 Enforcement Agency (“LEA”), in proportion to its fault, and subject to other restrictions set forth in 3482 Public Resources Code Section 40059.1, if the requirements of AB 939 are not met with respect to the 3483 Franchised Materials Collected under this Agreement, and such failure is due to the failure of Contractor 3484 to meet its obligations under this Agreement or due to Contractor delays in providing information that 3485 prevents Contractor or CCCSWA from submitting reports required by AB 939 in a timely manner. 3486 Contractor’s duty to indemnify and defend shall survive the expiration or earlier termination of this 3487 Agreement. 3488
AB 939 Indemnification. (1) In addition, Grantee shall defend with counsel reasonably acceptable to the City, indemnify and hold the City harmless from any and all fines, penalties and assessments levied against or threatened to be levied against the City for the City's failure to meet the requirements of AB 939, its amendments or any successor legislation and/or all rules and regulations promulgated thereunder if said failure results from Grantee's failures as described in Exhibit “C” to the Consent to Assignment of Franchise Agreement between the City and the Grantee dated March 30, 1992, or its failures to comply with this Franchise Agreement and/or Grantee's failure to comply with said laws, rules or regulations, including but not limited to failing to timely supply to the City the reports and information required by the City in order to comply with AB 939.
AB 939 Indemnification. In addition to its duties pursuant to Section 12, Contractor shall protect, defend, indemnify and hold City harmless against any and all fines or penalties imposed by Cal Recycle in the event the diversion, source reduction and Diversion goals of AB 939 are not met by the City of Calabasas with respect to the Collected waste stream covered by this Agreement as a result of Contractor’s failure to perform under this Agreement.
AB 939 Indemnification. Contractor shall protect, defend with counsel reasonably acceptable to the City , indemnify, and hold the City harmless from any and all fines, penalties, and assessments levied against or threatened to be levied against the City for the City ‘’s failure to meet the requirements of AB 939, its amendments, or any successor legislation and/or all rules and regulations promulgated thereunder, but only to the extent such liability is caused by Contractor’s failure to comply with Contractor’s express obligations under this Agreement and/or Contractor’s failure to comply with said laws, rules, or regulations binding on Contractor, including but not limited to failing to timely supply the City with information or reports in order to comply with AB 939. Contractor xxxxxxx not be obligated to indemnify City for fines or penalties caused by City ‘’s modifications of Contractor’s information, by aCity’s change by the City in the scope of work hereunder whichthat materially and negatively affects the ability of Contractor to perform diversion activities which contribute to thethat would facilitate City ‘’s compliance with AB 939, or by City ‘’s own acts or omissions whichthat result in City ‘’s failure to provide timely reports to the state. In addition, the Contractor’s duty to indemnify under this Sectionparagraph (C) is subject to the following restrictions:
AB 939 Indemnification. Without limiting the generality of the foregoing, GreenWaste shall protect, defend with counsel reasonably acceptable to City, indemnify and hold City harmless from any and all fines, penalties and assessments levied against or threatened to be levied against City for City's failure to meet the requirements of AB 939, its amendments or any successor legislation and/or all rules and regulations promulgated thereunder if said failure results from GreenWaste's failure to comply with this Agreement and/or GreenWaste 's failure to comply with said laws, rules or regulations binding on GreenWaste, including but not limited to failing to timely supply City with information or reports in order to comply with AB 939. However, GreenWaste shall not be obligated to indemnify City for fines or penalties caused by City's modifications of GreenWaste's information, or by City's own acts or omissions which result in City's failure to provide timely reports to the state or otherwise meet the requirements of AB 939.
AB 939 Indemnification. Xxxxxxxxxx agrees to indemnify and hold harmless City, its officers, Directors, employees, and agents from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in Deleted: Residential Recycling Services Agreement Deleted: Contractor the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by City with respect to the waste stream Collected under this Agreement but only to the extent that such failure is due to the failure of Franchisee to meet its obligations under this Agreement or for delays in providing information that prevents City from submitting reports required by AB 939 in a timely manner. Deleted: Contractor
AB 939 Indemnification. The Contractor agrees to indemnify and hold harmless City, its officers, directors, employees and agents from and against all fines and/or penalties imposed by the California Integrated Waste Management Board if the source reduction and recycling goals or any other requirement of AB 939 are not met by City with respect to the waste stream collected under this Agreement and such failure is due to the failure of Contractor to meet any obligation under this Agreement, including delays in providing information that prevents City from submitting reports required by AB 939 in a timely manner. In interpreting the foregoing AB 939 indemnification provision, Contractor and City are cognizant of Public Resources Code 40059.1 and agree that the intent of this Agreement is to provide Contractor with the breadth of rights and responsibilities to allow the City to meet its AB 939 diversion requirements through implementation of Contractor’s programs. The program and services to be carried out by Contractor under this Agreement, as more particularly outlined in the service specifications (Exhibit A), are intended and expected to allow the City to meet its AB 939 diversion requirements, provided all programs are carried out consistently and competently, and with an aggressive program of outreach and customer education. Reliance by the City on Contractor’s ability to provide programs and services that will consistently provide for City’s compliance with AB 939 diversion requirements constitutes a material consideration for City to grant the exclusive rights and privileges contained in this Agreement.
AB 939 Indemnification. Franchisee hereby binds itself to protect, defend with counsel of the City's choice, and indemnify the Indemnified Parties against all fines or penalties imposed by XxxXxxxxxx, in the event the source reduction and recycling goals of the Integrated Waste Management Act of 1989, as amended, are not met by the City and such failure to meet such goals has been occasioned by the failure of the Franchisee to achieve the diversion thresholds established herein.
AB 939 Indemnification. 34 6.2.5 Intellectual Property Indemnity 34 6.2.6 Notice of Claim 34 6.3 LABOR AND PERFORMANCE BOND 35 ARTICLE 7 36
AB 939 Indemnification. Hauler agrees to meet the Diversion requirements set forth in this Agreement and all requirements of City’s Source Reduction and Recycling Element as to the portion of the Solid Waste stream handled by Hauler. Hauler agrees to protect, defend, indemnify and hold City harmless against all fines or penalties imposed by the California Integrated Waste Management Board, or other entity, arising from the failure of Hauler to meet the Diversion requirements set forth in Exhibit “B” of this Agreement and the Integrated Waste Management Act Diversion requirements with respect to the portion of the Solid Waste stream Collected by Hauler.
