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<br />July 2024 Page 52 City of San Leandro Post Collection
<br />G. Unpermitted Waste Defense and Indemnification. Contractor shall defend, indemnify, and hold 1881
<br />harmless at its sole cost and expense with counsel reasonably acceptable to the City, the City 1882
<br />(including the Persons described in the definition of "City" in Exhibit A) and the Transfer company 1883
<br />in any Actions that assert or allege Liabilities paid, incurred, or suffered by, imposed upon or 1884
<br />asserted against, the City that result or are claimed to have resulted directly or indirectly from the 1885
<br />presence, Disposal, escape, migration, leakage, spillage, discharge, release, or emission of 1886
<br />Unpermitted Waste or petroleum to, in, on, at, or under the Landfill, whether: 1887
<br />1. in one (1) or more instance, 1888
<br />2. threatened or transpired, or 1889
<br />3. Contractor is negligent or otherwise culpable; or 1890
<br />4. those Liabilities are litigated, settled, or reduced to judgment. 1891
<br />For purposes of this Indemnity, “Liabilities” includes Liabilities arising from or attributable to any 1892
<br />operations, repair, clean-up or detoxification, or preparation and implementation of any removal, 1893
<br />remedial, response, Closure, Post-Closure, or other plan, regardless of whether undertaken due to 1894
<br />government directive or action, such as remediation of surface or ground water contamination and 1895
<br />replacement or restoration of natural resources. 1896
<br />City reserves the right to retain at its own cost and expense co-counsel and Contractor shall direct 1897
<br />Contractor’s counsel to assist and cooperate with such co-counsel with respect to City’s defense. 1898
<br />The foregoing indemnity is intended to operate as an agreement pursuant to 42 U.S.C. Section 1899
<br />9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and 1900
<br />indemnify the Authority from liability in accordance with this Section. 1901
<br />9.2 INSURANCE 1902
<br />A. General Requirements. Contractor shall, at its sole cost and expense, maintain in effect at all times 1903
<br />during the Term of this Agreement not less than the following coverage and limits of insurance 1904
<br />described in this Section 9.2. 1905
<br />B. Coverages and Requirements. During the Term of this Agreement, Contractor shall at all times 1906
<br />maintain, at its expense, the following coverages and requirements. The comprehensive general 1907
<br />liability insurance shall include broad form property damage insurance. 1908
<br />1. Minimum Coverages. Insurance coverage shall be with limits not less than the following: 1909
<br />Comprehensive General Liability – $10,000,000 combined single limit per occurrence for 1910
<br />bodily injury, personal injury, and property damage. 1911
<br />Automobile Liability – $10,000,000 combined single limit per accident for bodily injury and 1912
<br />property damage (include coverage for hired and non-owned vehicles). 1913
<br />Workers’ Compensation – Statutory Limits/Employers’ Liability - $1,000,000/accident for 1914
<br />bodily injury or disease. 1915
<br />Employee Blanket Fidelity Bond – $500,000 per employee loss covering dishonesty, forgery, 1916
<br />alteration, theft, disappearance, and destruction (inside or outside). 1917
<br />Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B
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