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1 <br />2 <br />-, <br />� <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />regulations, policies or fee schedules relating to such Disposal Facility as E�ibit 4.03a. The Parties <br />shal! promptly update such Exhibit to reflect any and a(1 amendments to or replacement of any such <br />agreements, rules, regulations, policies or price schedules. <br />City reserves the right to disapprove of Contractor's selected Disposal Facility, in which case <br />Contractor will designate an alternative, also subject to City approval. If public health, safety and/or <br />fiscal interest requires or compliance with Applicable Law necessitates, then the City may designate a <br />Disposal Facility. As of the date hereof, the Disposal Facility shall be Colton landfill, which the <br />Parties agree requires Contractor to transport Refuse sixteen miles round trip; provided the Disposal <br />Facility shall be the Olinda/Olinda Alpha landfill in Brea, California upon City's Notice to Contractor <br />that City has not concluded negotiations to its sole satisfaction with the County of San Bernardino <br />with respect to continued use of the Colton landfill. In the event such Disposal Facility is otherwise <br />changed, Contractor's Service Fee shall be adjusted for increases or decreases in transportation costs, <br />if any, in accordance with item 2 of Section 10.04. <br />Contractor shall observe and comply with all regulations in effect at such Disposal Facility and <br />cooperate with the operator thereof with respect to operations thereat, including directions to unload <br />collection vehicles in designated areas, accommodating construction and maintenance, and hazardous <br />waste exclusion programs. Contractor shall at all times operate according to safe industry practices. <br />b. Indemnification. <br />(1) Contractor Conduct Included: Contractor shall indemnify, defend with counsel approved by <br />the City, protect and hold harmless the City (including Persons described in this subsection below) <br />from and against all Liabilities (defined in this subsection below) paid, incurred or suffered by, or <br />asserted against, the City arising from our attributable to any repair, cleanup or detoxification, or <br />preparation and implementation of any removal, remedial, response, closure or other plan (regardless <br />of whether undertaken due to governmental action) concerning any Hazardous Waste at any place <br />where Contractor delivers, stores, processes, recycles, composts or disposes of MSW to the extent <br />that such Liabilities are caused by the following: <br />(i) Contractor negligence or misconduct the wrongful, willful or negligent act, error or omission, <br />or the misconduct of the Contractor; <br />(ii) Non-Customer materials: the collection, delivery, handling, recycling, processing, composting <br />or disposal by the Contractor of any materials or waste, including Hazardous Waste, which are <br />generated by Persons other than Customers collected from premises other than Customers' premises; <br />(iii) Failure to Comply with Hazardous Waste Protocol: the failure of Contractor to undertake <br />Hazardous Waste training procedures required by Applicable Law with respect to its employees or <br />any subcontractors' or Contractor's Hazardous Waste Screening protocol described in E�ibit 5.11, <br />whichever is more stringent; <br />5/06/97 execution <br />22 <br />