Excluded Waste. Contractor acknowledges that it is responsible for compliance during the 838 entire Term of this Agreement with all Applicable Laws. Contractor shall not store, transport, 839 use, or Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. 840 In the event that Contractor negligently or willfully mishandles Excluded Waste in the course of 841 carrying out its activities under this Agreement, Contractor shall at its sole expense promptly 842 take all investigatory and/or remedial action reasonably required for the remediation of such 843 environmental contamination. Prior to undertaking any investigatory or remedial action, 844 however, Contractor shall first obtain Agency’s approval of any proposed investigatory or 845 remedial action. Should Contractor fail at any time to promptly take such action, Agency may 846 undertake such action at Contractor’s sole cost and expense, and Contractor shall reimburse 847 Agency for all such expenses within thirty (30) calendar days of being billed for those expenses, 848 and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed 849 delinquent and subject to the delinquent fee payment provision of Section 7.8. These 850 obligations are in addition to any defense and indemnity obligations that Contractor may have 851 under this Agreement. The provisions of this Section shall survive the termination or expiration 852 of this Agreement. 853 Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any 854 claims arising from the Disposal of Solid Waste at the Approved Disposal Facility, including, but 855 not limited to, claims arising under Comprehensive Environmental Response, Compensation and 856 Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful 857 misconduct. 858 C. Environmental Indemnity. Contractor shall defend, indemnify, and hold Agency harmless 859 against and from any and all claims, suits, losses, penalties, damages, and liability for damages 860 of every name, kind and description, including attorneys’ fees and costs incurred, attributable to 861 the negligence or willful misconduct of Contractor in handling Excluded Waste.
Excluded Waste. Excluded Waste regardless of its source; and,
Excluded Waste. If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire bin, container, bag or bundle of waste. In such situations, Contractor shall contact the City and the City shall undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the waste. In the event any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the depositor or generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery and disposal of such Excluded Waste. Contractor shall release City from any liability for any such costs incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to the City.
Excluded Waste. Notwithstanding Clause 4.2, title to, risk of loss and liability for any Excluded Waste shall remain with the Customer and the Customer shall indemnify and hold harmless the Company from and against all claims, losses, damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in the Equipment, any collection vehicle and other containers of the Company or any Sub-contractor. However the Company accepts that it is liable for death or personal injury resulting from its negligence.
Excluded Waste. Excluded Waste is all Bulky Waste (except as otherwise provided in this Agreement), Large Commercial and Industrial Refuse, Construction Debris, Large Dead Animals, Institutional Solid Waste, Hazardous Waste, Offal Waste, Stable Matter, Vegetable Waste, and Special Waste.
Excluded Waste. Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to collect any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the City and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste.
Excluded Waste. If Excluded Waste is discovered before it is collected by Company, Company may refuse to collect the entire Waste Container that contains the Excluded Waste. In such situations, Company shall contact the City and the City shall promptly undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. In the event Excluded Waste is present but not discovered until after it has been collected by Company, Company may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a facility authorized to accept such Excluded Waste in accordance with Applicable Law and charge the depositor or generator of such Excluded Waste for all direct and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and disposal of such Excluded Waste. The City shall provide all reasonable assistance to Company to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste and to collect the costs incurred by Company in connection with such Excluded Waste. Subject to the City’s providing all such reasonable assistance to Company, Company shall release City from any liability for any such costs incurred by Company in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to the City.
Excluded Waste. “Excluded Waste” means hazardous substances, Hazardous Waste, 281 infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated 282 radioactive waste, and toxic substances or material that facility operator(s), which receive materials from 283 the City, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, 284 be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or 285 conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit 286 conditions, waste that in the City’s reasonable opinion would present a significant risk to human health or 287 the environment, cause a nuisance or otherwise create or expose the City to potential liability; but not 288 including de minimis volumes or concentrations of waste of a type and amount normally found in Solid 289 Waste after implementation of programs for the safe collection, processing, recycling, treatment, and 290 disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources 291 Code. Excluded Wastes do not include used motor oil and filters, household batteries, Universal Wastes, 292 and/or latex paint when such materials are defined as allowable materials for collection through the City’s 293 collection programs and the Service Recipient has properly placed the materials for collection pursuant to 294 instructions provided by the Contractor.
Excluded Waste. Excluded Waste regardless of its source and as defined in Attachment A; 165 J. Materials Generated by State, County, and Federal Facilities. Materials generated by 166 State, and Federal facilities located in the Service Area provided that the Generator has 167 arranged services with other Persons or has arranged services with the Contractor 168 through a separate agreement;
Excluded Waste. 7.1 Each Participating ULB shall ensure that the MSW transported and supplied to the Concessionaire at the identified Transfer Stations does not have Excluded Waste beyond 10% (ten percent) of the total quantity of MSW supplied per day.
