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./ftk AGREEMENT FOR DEPOSIT OF MATERIALS THIS AGREEMENT is made this 18th day of June, 1991, between the JAMIESON CO. ("Jamieson") and the CITY OF PLEASANTON ("Pleasanton") . RECITALS WHEREAS, Jamieson is the owner of certain property and Pleasanton would like to deposit certain non-hazardous materials at designated areas on Jamieson's property ("the Deposit Site. ) WHEREAS, Jamieson is willing to offset any fees charged to Pleasanton for dumping this material for any asphalt Pleasanton purchases from Industrial Asphalt, a customer of Jamieson, NOW, THEREFORE, in consideration of the promises expressed herein, the parties agree as follows: 1. Jamieson shall permit Pleasanton to deposit non-hazardous, non-organic construction materials, consisting primarily of concrete debris, asphalt, macadam, cement slurry and clean dirt fill at designated areas at the Deposit Site. 2 . No materials deposited by Pleasanton at the Deposit Site shall contain any "hazardous waste" or "hazardous substances" as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendments and Reauthorization Act of 1986 (42 USC §§9601 et seq. ) , the Resource Conservation Recovery Act (42 USC §6921 et seq. ) , the California Hazardous Waste Control Law (Health & Safety Code §25100 et seq. ) or any other federal, state or local statute, ordinance, regulation or rule. 3 . Pleasanton shall indemnify and hold Jamieson harmless from any loss, cost, expense, claims of any kind or character or damage including, without limitation, attorneys' fees, incurred as a result of Pleasanton's deposit or attempted deposit of hazardous wastes or hazardous substances at the Deposit Site, and Pleasanton shall defend Jamieson in any judicial action or administrative proceeding including, without limitation, any action or proceeding initiated by the Environmental Protection Agency or Department of Health Services or any other governmental agency, against Jamieson arising, directly or indirectly, out of the alleged deposit by Pleasanton of hazardous wastes or hazardous substances at the Deposit Site. � � C EnV Eo D - 1 - JUN 27 1991 J"ESON CO.