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<br />July 15, 2024 Page 41 City of San Leandro Post Collection
<br />G. Unpermitted Waste Defense and Indemnification. Except to the extent Liabilities are caused by the 1573
<br />negligence or willful misconduct of City or Collection Contractor, Contractor shall defend, 1574
<br />indemnify, and hold harmless at its sole cost and expense with counsel reasonably acceptable to 1575
<br />the City, the City (including the Persons described in the definition of "City" in Exhibit A) and the 1576
<br />Transfer company in any Actions that assert or allege Liabilities paid, incurred, or suffered by, 1577
<br />imposed upon or asserted against, the Authority that result or are claimed to have resulted directly 1578
<br />or indirectly from the presence, Disposal, escape, migration, leakage, spillage, discharge, release, or 1579
<br />emission of Unpermitted Waste or petroleum to, in, on, at, or under the Landfill, whether: 1580
<br />(1) in one (1) or more instance, 1581
<br />(2) threatened or transpired, 1582
<br />(3) Contractor is negligent or otherwise culpable, or 1583
<br />(4) those Liabilities are litigated, settled, or reduced to judgment. 1584
<br />For purposes of this Indemnity, “Liabilities” includes Liabilities arising from or attributable to any 1585
<br />operations, repair, clean-up or detoxification, or preparation and implementation of any removal, 1586
<br />remedial, response, Closure, Post-Closure, or other plan, regardless of whether undertaken due 1587
<br />to government directive or action, such as remediation of surface or ground water contamination 1588
<br />and replacement or restoration of natural resources. 1589
<br />City reserves the right to retain at its own cost and expense co-counsel and Contractor shall direct 1590
<br />Contractor’s counsel to assist and cooperate with such co-counsel with respect to City’s defense. 1591
<br />The foregoing indemnity is intended to operate as an agreement pursuant to 42 U.S.C. Section 1592
<br />9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless, 1593
<br />and indemnify the Authority from liability in accordance with this Section. 1594
<br />9.2 INSURANCE 1595
<br />A. General Requirements. Contractor shall, at its sole cost and expense, maintain in effect at all times 1596
<br />during the Term of this Agreement not less than the following coverage and limits of insurance 1597
<br />described in this Section 9.2. 1598
<br />B. Coverages and Requirements. During the Term of this Agreement, Contractor shall at all times 1599
<br />maintain, at its expense, the following coverages and requirements. The comprehensive general 1600
<br />liability insurance shall include broad form property damage insurance. 1601
<br />1. Minimum Coverages. Insurance coverage shall be with limits not less than the following: 1602
<br />Comprehensive General Liability – $10,000,000 combined single limit per occurrence for 1603
<br />bodily injury, personal injury, and property damage. 1604
<br />Automobile Liability – $10,000,000 combined single limit per accident for bodily injury and 1605
<br />property damage (include coverage for hired and non-owned vehicles).Workers’ 1606
<br />Compensation – Statutory Limits/Employers’ Liability - $1,000,000/accident for bodily injury 1607
<br />or disease. 1608
<br />Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C
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