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<br />. <br /> <br />. <br /> <br />(e) DISPOSAL: CONTRACTOR shall be required to dispose of any <br />and all Solid Waste which is not recycled or diverted by means of <br />composting, mulching and/or transforming pursuant to the terms of <br />this Agreement, at .. legally authorized Disposal site(s) as <br />designated by the CITY. If CONTRACTOR is directed to dispose of <br />said Solid Waste at a location other than the County of orange's <br />Disposal Sites, both parties agree to meet and confer regarding any <br />potential rate adjustments which may be necessitated thereby. <br />Should Disposal sites become unavailable in Orange County at any <br />time during the term of this Agreement, CONTRACTOR hereby <br />guarantees disposal at its Los Angeles County landfill. <br />Additionally, CONTRACTOR hereby agrees and guarantees to the CITY <br />that the CITY will be indemnified for CERCLA liability for any <br />Solid Waste collected by the CONTRACTOR in the CITY which is <br />delivered to CONTRACTOR's landfill. <br /> <br />(f) CONTRACTOR will act as the contracting body and <br />agency with the MRF and Composting Facility with respect to <br />Agreement and shall be responsible for, and insure that, <br />facilities act so as to meet the requirements of both <br />Agreement and CIWMA. <br /> <br />lead <br />this <br />both <br />this <br /> <br />(g) CONTRACTOR hereby agrees and guarantees to the CITY that <br />CONTRACTOR will do each, every and all things required to ensure <br />that all Solid Waste generated, produced or accumulated in the CITY <br />which is collected by CONTRACTOR will at all times be in full <br />compliance with all of the provisions of the CITY'S SRRE, CIWMA, <br />and amendments thereto adopted hereafter, and will protect, <br />indemnify, pay, save, defend, and hold the CITY harmless from any <br />and all loss,- expense, damage, fines, penalties and liability of <br />every kind and nature whatsoever by virtue of any non-compliance <br />with such CITY and statutory requirements, provided, however, that <br />CONTRACTOR shall not be responsible to the extent Solid Waste is <br />generated in the CITY and collected or disposed, or both, by other <br />than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, <br />with counsel approved by the CITY, and indemnify CITY against any <br />and all fines and/or penalties imposed by the California Integrated <br />Waste Management Board in the event that the diversion quantities <br />contained in the CITY'S SRRE, or any other requirement of CIWMA, <br />are not met. <br /> <br />15. <br /> <br />SYSTEM SAVINGS: <br /> <br />(a) SAVINGS PAYABLE TO CITY: In addition to the surcharge <br />paid pursuant to section 10 herein, CONTRACTOR has also agreed to <br />pay to the CITY One Million Three Hundred Fifty One Thousand Five <br />Hundred Dollars ($1,351,500.00) in system savings each year during <br />the term of this Agreement. Such savings shall be deducted in <br />monthly installments of One Hundred Twelve Thousand six Hundred and <br />Twenty Five Dollars ($112,625.00) each from payments made to <br />CONTRACTOR for curbside service pursuant to Section 22 herein. The <br />estimated savings upon which this guaranteed payment is based are <br /> <br />16 <br />