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<br />STRICT LIABILITY IN TORT, OR UPON ANY OTHER BASIS
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<br />WHATSOEVER.
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<br />14. INDEMNIFICATION
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<br />CONTRACTOR agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br />for personal injury, including health, and claims for property damage, which may arise from the
<br />direct or indirect operations of the CONTRACTOR or its subcontractors, agents, employees, or
<br />other persons acting on their behalf which relates to the services described in this Agreement;
<br />and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief is due by reason of the terms of or effects arising from this Agreement. This
<br />indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
<br />events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement.
<br />
<br />Contractor hereby agrees and guarantees to the City that Contractor will do each, every and all
<br />things required to ensure that C & D and Incidental Waste generated, produced or accumulated
<br />in the City which is collected by a Santa Ana Customer and delivered to Contractor=will at all
<br />times be handled by Contractor so as to be diverted)n full compliance with all of the provisions
<br />of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and Contractor=will
<br />protect, indemnify, pay, save, defend with Counsel approved by the City, and hold the CITY
<br />harmless from any and all loss, expense, damage, fines, penalties and liability of every kind and
<br />nature whatsoever by virtue of any non-compliance with such CITY and statutory requirements
<br />including any and all fines and/or penalties imposed by the California Integrated Waste
<br />Management Board in the event that the diversion quantities contained in the CITY'S SRRE, or
<br />any other requirement of CIWMA, are not met with respect to the materials delivered by Santa
<br />Ana Customers to Contactor, provided, however, that CONTRACTOR shall not be responsible
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