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<br />April 1, 2025 46 City of Pleasanton/GreenWaste Recovery, LLC
<br />Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. to defend, protect, hold harmless, and 1770
<br />indemnify Indemnitees from liability, and shall survive the expiration or earlier termination of this Agreement. 1771
<br />10.3 Unpermitted Waste Defense and Indemnification 1772
<br />Contractor shall defend, indemnify, and hold harmless at its sole cost and expense with counsel approved by the 1773
<br />City, the City (including the Persons described in the definition of "City" in Article 1) in any Actions that assert or 1774
<br />allege Liabilities paid, incurred or suffered by, imposed upon or asserted against, the City that result or are claimed 1775
<br />to have resulted directly or indirectly from the presence, disposal, escape, migration, leakage, spillage, discharge, 1776
<br />release or emission of Unpermitted Waste or petroleum in, on, at, or under the Approved Facilities, whether: 1777
<br />A. in one or more instance; 1778
<br />B. threatened or transpired; 1779
<br />C. Contractor is negligent or otherwise culpable; or , 1780
<br />D. those Liabilities are litigated, settled, or reduced to judgment. 1781
<br />The foregoing indemnity in favor of the City shall not apply to the extent that the City’s Franchised Collector failed 1782
<br />to follow Standard Industry Practices and protocols in screening for Unpermitted Waste during Collection. For 1783
<br />purposes of this Indemnity, “Liabilities” includes Liabilities arising from or attributable to any operations, repair, 1784
<br />clean-up or detoxification, or preparation and implementation of any removal, remedial, response, closure, post-1785
<br />closure or other plan, regardless of whether undertaken due to government directive or action, such as remediation 1786
<br />of surface or ground water contamination and replacement or restoration of natural resources. 1787
<br />The foregoing indemnity is intended to operate as an agreement pursuant to 42 U.S.C. Section 9607(e) and California 1788
<br />Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify the City from liability in 1789
<br />accordance with this Section. 1790
<br />10.4 Insurance 1791
<br />Contractor shall, at its sole cost and expense, maintain in effect at all times during the Term of this Agreement not 1792
<br />less than the following coverage and limits of insurance: 1793
<br />A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1794
<br />(1) Commercial General Liability insurance with coverage at least as broad as Insurance Services Office 1795
<br />(ISO) form CG 0001. 1796
<br />(2) The most recent editions of Insurance Services Office form number CA 0001 covering Automobile 1797
<br />Liability, code 1 “any auto” and endorsement with coverage as broad as CA 0025. 1798
<br />(3) Workers’ compensation Employers Liability insurance as required by California Labor Code §3700 et al. 1799
<br />B. Minimum Limits of Insurance. Minimum limits may be met with a combination of primary and excess policies. 1800
<br />Contractor shall maintain limits no less than: 1801
<br />(1) Commercial General Liability: Ten Million Dollars ($10,000,000) combined single limit per occurrence 1802
<br />for bodily injury, personal injury and property damage, Ten Million Dollars ($10,000,000) general 1803
<br />aggregate, and Ten Million Dollars ($10,000,000) products-completed operations. 1804
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