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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 /> (d) CONTRACTOR will act as the contracting body and lead <br /> agency with the MRF and composting facility with respect to this <br /> Agreement and shall be responsible for, and insure that, both <br /> facilities act so as to meet the requirements of both this <br /> Agreement and CIWMA. <br /> (e) 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 /> 14. CIWMA REPORTING REOUIREMENTS: <br /> CONTRACTOR shall prepare and submit to the CITY, on forms <br /> previously approved by the CITY, all monthly or annual reports <br /> required of the CITY pursuant to the California Integrated Waste <br /> Management Act ("also known as CIWMA") . In addition thereto, <br /> within sixty (60) days after the end of each calendar year, the <br /> CONTRACTOR shall provide to the CITY an annual report which: (a) <br /> provides a collated summary of all the information contained in the <br /> monthly reports referred to above; (b) provides a narrative <br /> description of all public awareness activities of CONTRACTOR during <br /> the past one year which may have impacted recycling participation; <br /> and (c) provides a discussion of recycling and source reduction <br /> program highlights and difficulties. <br /> CITY may require additional reports from CONTRACTOR should the <br /> reports requested, or submitted, pursuant to this section not <br /> satisfactorily fulfill the CITY ' S requirements. <br /> 13 <br />