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Orange's Disposal Sites, both parties agree to meet and confer regarding any potential rate adjustments <br />which may be necessitated thereby. Should Disposal Sites become unavailable in Orange County at <br />any time during the tern of this Agreement, CONTRACTOR hereby guarantees disposal at another <br />Disposal Site owned and operated by CONTRACTOR or an affiliate, and both parties agree to meet <br />and confer regarding any potential rate adjustments which may be necessitated thereby. Additionally, <br />CONTRACTOR hereby agrees and guarantees to the CITY that the CITY will be indemnified for <br />CERCLA liability for any Solid Waste collected by the CONTRACTOR in the CITY which is <br />delivered to CONTRACTOR's landfill. <br />(h) CONTRACTOR will act as the contracting body and lead agency with the MRF and <br />Composting Facility with respect to this Agreement and shall be responsible for, and insure that, both <br />facilities act so as to meet the requirements of both this Agreement and CIWMA. <br />(i) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do <br />each, every and all things required to ensure that all Solid Waste generated, produced or accumulated in <br />the CITY which is collected by CONTRACTOR will at all times be in full compliance with all of the <br />provisions of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and will protect, <br />indemnify, pay, save, defend, and hold the CITY harmless from any and all loss, expense, damage, <br />fines, penalties and liability of every kind and nature whatsoever by virtue of any non - compliance with <br />such CITY and statutory requirements, provided, however, that CONTRACTOR shall not be <br />responsible to the extent Solid Waste is generated in the CITY and collected, processed or disposed of, <br />by other than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, with counsel <br />approved by the CITY, and indemnify CITY against any and all fines and/or penalties imposed by the <br />California Integrated Waste Management Board in the event that the diversion quantities contained in <br />the CITY'S SRRE, or any other requirement of CIWMA, are not met. <br />u <br />(a) SAVINGS PAYAB F TO CITY- In addition to the surcharge paid pursuant to Section 10 <br />herein, CONTRACTOR has also agreed to pay to the CITY One Million Three Hundred Fifty One <br />Thousand Five Hundred Dollars ($1,351,500.00) in system savings each year during the term of this <br />Agreement. Such savings shall be deducted in monthly installments of One Hundred Twelve Thousand <br />Six Hundred and Twenty Five Dollars ($112,625.00) each from payments made to CONTRACTOR for <br />curbside service pursuant to Section 22 herein. <br />(b) POSSIRI F ADDITIONAL SAVINGS: The parties hereto have agreed that any additional <br />savings which may result from changes in the diversion percentages referred to in Section 14(b) above <br />shall be split evenly between the CITY and the CONTRACTOR. Such savings shall be the dollar <br />amount equal to the difference in the CONTRACTOR's per ton cost for Processing and disposal of Bin <br />Service at a MRF and the per ton cost of disposal at a Disposal Site multiplied by the number of <br />additional tons taken directly to a Disposal Site. Any such additional savings shall be computed on a <br />monthly basis and such amounts shall be paid to the CITY by CONTRACTOR on or before the last <br />calendar day of each subsequent month. <br />15 <br />