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Mr. Robert J. Molinaro
<br />March 15, 2000
<br />Page Two
<br />facility and/or the volume of materials collected, processed, and stored there to
<br />accommodate increased tonnage from customers of the Contractor other than the City, which
<br />program shall include provision for the payment of the following fees to the City: $0.95 per
<br />tan as a franchise fee far every ton of materials collected, processed, and stored at the
<br />facility, regardless of source; plus $0.85 per ton for every ton of such materials taken from
<br />the facility to the landfill.
<br />6. The City hereby agrees to indemnify and hold harmless the Contractor, its successors and
<br />assigns, and each of its and their respective officers, directors, shareholders, employees, and
<br />agents (the "indemnitees") from and against, and in respect of, any and all damages, claims,
<br />actions, penalties, forfeitures, demands, causes of action, proceedings, suits, losses,
<br />liabilities, costs, and expenses at law or in equity, of every kind and description, including,
<br />without limitation, reasonable legal, accounting, and other expenses, arising or resulting
<br />from or in any way connected with the hauling of Solid Waste, Recyclables, and/or Green
<br />Waste by the Contractor or any of the other indemnitees from the City to a Disposal Site,
<br />Recyclables Processing Facility, Green Waste Processing Facility, transfer station, or other
<br />facility other than Davis Street Transfer Station, and predicated upon the terms and
<br />conditions of the Disposal Agreement dated November 17, 1980, by and between the City of
<br />San Leandro and Oakland Scavenger Co., the predecessors in interest of Waste
<br />Management, Inc., it being understood that the City shall have the right to direct the
<br />Contractor to haul such Solid Waste, Recyclables, and/or Green Waste to the Davis Street
<br />Transfer Station in order to mitigate the cause of such indemnification on the condition that,
<br />notwithstanding Section 6.4,A.iii. of the Agreement, the City shall indemnify and hold
<br />harmless the Contractor and the other indemnitees from and against all increases in the costs
<br />of transportation, Tipping Fees, contractual penalties, and other costs and expenses incurred
<br />as the result of the City's exercise of such right to direct.
<br />7. Except as amended by this Amendment, the Agreement shall remain in full farce and effect.
<br />Please indicate Alameda County Industries, Inc.'s acceptance of this Amendment by signing and
<br />returning to me a copy of this Amendment.
<br />Very truly yours,
<br />o J. Jermanis
<br />City Manager
<br />Accepte by ACI
<br />Robert J. Molinaro
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