Unpermitted Waste Defense and Indemnification. 1335 Contractor shall defend, indemnify, and hold harmless at its sole cost and expense with counsel 1336 approved by the Authority, the Authority (including the Persons described in the definition of Authority 1337 in Exhibit 1) in any Actions that assert or allege Liabilities paid, incurred or suffered by, imposed upon or 1338 asserted against, the Authority that result or are claimed to have resulted directly or indirectly from the 1339 presence, Disposal, escape, migration, leakage, spillage, discharge, release or emission of Unpermitted 1340 Waste or petroleum to, in, on, at, or under the Landfill or Approved Processing Facilities, whether: 1341 (1) in one or more instance, 1342 (2) threatened or transpired, 1343 (3) Contractor is negligent or otherwise culpable, or 1344 (4) those Liabilities are litigated, settled, or reduced to a final judgment. 1345 For purposes of this Indemnity, Liabilities includes, in addition to those included in Exhibit 1, Liabilities 1346 arising from or attributable to any operations, repair, clean-up or detoxification, or preparation and 1347 implementation of any removal, remedial, response, Closure, Post-Closure or other plan, regardless of 1348 whether undertaken due to government directive or action, such as remediation of surface or ground 1349 water contamination and replacement or restoration of natural resources. 1350 The foregoing indemnity is intended to operate as an agreement pursuant to 42 U.S.C. Section 9607(e) 1351 and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify 1352 the Authority from liability in accordance with this Section.
Unpermitted Waste Defense and Indemnification. Contractor will defend, indemnify, and hold harmless at its sole cost and expense with counsel reasonably acceptable to the Authority, the Authority (including the Persons described in the definition of "Authority" in Exhibit A) and the Transfer Company in any Actions that assert or allege Liabilities paid, incurred, or suffered by, imposed upon or asserted against, the Authority that result or are claimed to have resulted directly or indirectly from the presence, disposal, escape, migration, leakage, spillage, discharge, release, or emission of Unpermitted Waste or petroleum to, in, on, at, or under the Landfill, whether:
Unpermitted Waste Defense and Indemnification. 1616 Contractor shall defend, indemnify, and hold harmless at its sole cost and expense with counsel approved by the 1617 CCCSWA, the CCCSWA (including the Persons described in the definition of "CCCSWA" in Article 1) in any Actions 1618 that assert or allege Liabilities paid, incurred or suffered by, imposed upon or asserted against, the CCCSWA that 1619 result or are claimed to have resulted directly or indirectly from the presence, disposal, escape, migration, leakage, 1620 spillage, discharge, release or emission of Unpermitted Waste or petroleum in, on, at, or under the Approved 1621 Facilities, whether: 1622 A. in one or more instance, 1623 B. threatened or transpired, 1624 C. Contractor is negligent or otherwise culpable, or 1625 D. those Liabilities are litigated, settled, or reduced to judgment. 1626 The foregoing indemnity in favor of the CCCSWA shall not apply to the extent that the CCCSWA’s Franchised 1627 Collector failed to follow Standard Industry Practices and protocols in screening for Unpermitted Waste during 1628 collection. For purposes of this Indemnity, “Liabilities” includes, in addition to those included in Exhibit A, Liabilities 1629 arising from or attributable to any operations, repair, clean‐up or detoxification, or preparation and 1630 implementation of any removal, remedial, response, closure, post‐closure or other plan, regardless of whether 1631 undertaken due to government directive or action, such as remediation of surface or ground water contamination 1632 and replacement or restoration of natural resources. 1633 The foregoing indemnity is intended to operate as an agreement pursuant to 42 U.S.C. Section 9607(e) and 1634 California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify the CCCSWA 1635 from liability in accordance with this Section. 1636 10.4 Insurance 1637 Contractor shall, at its sole cost and expense, maintain in effect at all times during the Term of this Agreement not 1638 less than the following coverage and limits of insurance:
Unpermitted Waste Defense and Indemnification. Contractor shall defend, indemnify, and hold harmless at its sole cost and expense with counsel approved by the City, the City (including the Persons described in the definition of "City" in Article 1) in any Actions that assert or allege Liabilities paid, incurred or suffered by, imposed upon or asserted against, the City that result or are claimed to have resulted directly or indirectly from the presence, disposal, escape, migration, leakage, spillage, discharge, release or emission of Unpermitted Waste or petroleum in, on, at, or under the Approved Facilities, whether:
Unpermitted Waste Defense and Indemnification. Contractor shall defend, indemnify, and hold harmless at its sole cost and expense with counsel approved by the City, the City in any actions that assert or allege liabilities paid, incurred or suffered by, imposed upon or asserted against, the City that result or are claimed to have resulted directly or indirectly from the presence, disposal, escape, migration, leakage, spillage, discharge, release or emission of Excluded Waste or petroleum to, in, on, at, or under the landfill whether: (1) in one or more instance, (2) threatened or transpired, (3) Contractor is negligent or otherwise culpable, or (4) those liabilities are litigated, settled, or reduced to a final judgment. For purposes of this Indemnity, liabilities include, liabilities arising from or attributable to any operations, repair, clean-up or detoxification, or preparation and implementation of any removal, remedial, response, Closure, Post-Closure or other plan, regardless of whether undertaken due to government directive or action, such as remediation of surface or ground water contamination and replacement or restoration of natural resources. The foregoing indemnity is intended to operate as an agreement pursuant to 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify the City from liability in accordance with this Section.
