Laserfiche WebLink
2 | P a g e <br />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 all biosolids <br />in accordance with all applicable laws and Exhibit B. MUKILTEO has sole responsibility for <br />MUKILTEO's biosolids, including without limitation all responsibility for biosolids <br />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 hold <br />the City harmless from any and all Claims, including without limitation Claims for injury <br />to people or damage to property, arising out of or related to (A) MUKILTEO's use of the <br />Biosolids Pad, {B) any biosolids or any other material delivered to the Biosolids Pad by <br />MUKILTEO, {C} any failure by MUKILTEO to transport, store, treat or dispose of biosolids <br />or any other material in accordance with Exhibit Band all applicable laws or {D) any <br />release by MUKILTEO of biosolids or another material. This defense and <br />indemnification obligation shall survive any termination, revocation, or expiration of this <br />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 fees, <br />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 City <br />property, including the Biosolids Pad, any City facilities, and any property owned <br />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 Title <br />51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 and was <br />the subject of mutual negotiation. <br />6.HAZARDOUS MATERIALS. MUKILTEO shall not place any materials on the Biosolids Pad or <br />cause any materials to be transported onto any other property owned by the City that are <br />classified as hazardous or dangerous under the Washington Model Toxic Control Act. <br />Breach of this provision shall be considered "damage to property" for the purposes of <br />Section 5, above.