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Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, <br />officials, employees, and agents from and against any and all liability, loss, damage, expenses, <br />costs (including without limitation costs and fees of litigation of any nature) arising out of or in <br />connection with Operator's performance of this Agreement or any failure to comply with any of <br />Operator's obligations contained in this Agreement by Operator, its officers, agents or <br />employees. <br />12. TRASH/UTILITIES/CLEANUP <br />Operator is responsible for the collection and disposal of all trash as specified in the RFP <br />(Exhibit B) including the providing of the required 40 yard roll-off dumpsters. Operator is <br />responsible for the continuous cleaning of the City Park, including the restrooms, at all times <br />while acting pursuant to this Agreement as set forth in the RFP. The area to be cleaned includes <br />the parking lots and the surrounding neighborhood and streets. Further, with the exception of the <br />City supplying two (2) potable water hookups as set forth in the RFP, Operator is responsible for <br />supplying all utilities to be used during the Carnival Events, including supplying the required <br />portable toilets as specified in the RFP. Persons performing clean-up shall be employees or <br />subcontractors of the vendor. <br />13. HAZARDOUS MATERIALS <br />Operator represents and warrants that its use of the Carnival Area herein will not generate <br />any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor <br />transport to or over the Park and/or Carnival Area any hazardous substance. Operator further <br />agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and <br />Property, and hold City harmless from and indemnify City against any release of any such <br />hazardous substance and any damage, loss, or expense or liability resulting from such release <br />including all attorneys' fees, costs and penalties incurred as a result thereof except any release <br />caused by the negligence of City, its employees or agents. "Hazardous substance" shall be <br />interpreted broadly to mean any substance or material defined or designated as hazardous or <br />toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other <br />similar term by any federal, state or local environmental law, regulation or rule presently in <br />effect or promulgated in the future, as such laws, regulations or rules may be amended from time <br />to time; and it shall be interpreted to include, but not be limited to, any substance which after <br />release into the environment will or may reasonably be anticipated to cause sickness, death or <br />disease. <br />14. WASTE OR NUISANCE <br />Operator shall not commit or permit the commission by others of any waste on the Park <br />or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or <br />commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California <br />Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the <br />Park or Carnival Areas for any unlawful purpose. <br />25E-23 <br />