Without limiting the generality of the foregoing, if grantee has negligently or willfully acted or failed to act with respect to the collection, handling or transportation of hazardous waste, grantee shall indemnify, defend (with counsel approved by County), protect and hold harmless the County and its respective officers, employees, agents, volunteers, assigns, and any successor or successors harmless from and against all claims, actual damages (including, but not limited to, special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, County or its respective officers, employees, agents, or grantees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous waste which grantee has negligently or willfully acted or failed to act with respect to its collection, handling or transportation at any place where grantee stores, handles, transports or disposes of solid waste pursuant to its franchise agreement. The foregoing indemnity is intended to operate and shall operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA" 42 U.S.C. § 9607(e) and Health and Safety Code § 25364, to insure, protect, indemnify, and hold the County harmless from liability.
(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)