Laserfiche WebLink
3. AUTHORIZED USE. MUKILTEO may only use the Biosolids Pad for temporary storage of <br /> MUKILTEO's biosolids. All use of the Biosolids Pad must be in accordance with Exhibit B. <br /> 4. BIOSOLIDS STORAGE. At its sole cost, MUKILTEO shall transport and manage a►► <br /> biosolids in accordance with all applicable laws and Exhibit B. MUKILTEO has sole <br /> responsibility for MUKILTEO's biosolids, including without limitation all responsibility <br /> for bioso►ids transportation, storage, and reuse. <br /> 5. INDEMNIFICATION.To the maximum extent permitted by law and except to the extent <br /> caused by the sole negligence of the City, MUKILTEO shall defend, indemnify, and <br /> hold the City harmless from any and all Claims, including without limitation Claims <br /> for injury to people or damage to property, arising out of or related to (A) <br /> MUKILTEO's use of the Biosolids Pad, (B) any biosolids or any other material <br /> delivered to the Biosolids Pad by MUKILTEO, (C) any failure by MUKILTEO to transport, <br /> store, treat or dispose of biosolids or any other material in accordance with Exhibit <br /> B and all applicable laws or (D) any release by MUKILTEO of biosolids or another <br /> material. This defense and indemnification obligation shall survive any termination, <br /> revocation, or expiration of this Agreement. <br /> For the purposes of this Section 5: <br /> A. "City" means the City, its officers, employees and agents. <br /> B. "MUKILTEO" means, its officers, employees, agents, contractors, and <br /> subcontractors. <br /> C. "Claims" means any loss, injury, demand, settlement, or lawsuit (including <br /> without limitation those based on environmental laws and regulations) and <br /> further includes any and all reasonable litigation costs such as attorney's <br /> fees, expert fees and costs, and court costs. <br /> D. "Injury to people" includes, but is not limited to, bodily injury and death. <br /> E. "Damage to property" includes, but is not limited to, damage or injury to any <br /> City property, including the Biosolids Pad, any City facilities, and any property <br /> owned by third parties. <br /> F. "Release" shall have the meaning that it has under RCW 70.105D.020(25). <br /> Solely and expressly for the purpose of its duties to indemnify and defend the City, <br /> MUKILTEO specifically waives any immunity it may have under the State Industrial <br /> Insurance Law,Title 51 RCW. MUKILTEO recognizes that this waiver of immunity under <br /> Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 <br /> and was the subject of mutual negotiation. <br /> 6. HAZARDOUS MATERIALS. MUKILTEO shall not place any materials on the Biosolids Pad <br /> or cause any materials to be transported onto any other property owned by the City <br /> that are classified as hazardous or dangerous under the Washington Model Toxic <br /> 2Iage <br />