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responsibility for BPI's biosolids, including without limitation all responsibility for
<br /> biosolid transportation, storage, and reuse.
<br /> 5. INDEMNIFICATION. To the maximum extent permitted by law and except to the
<br /> extent caused by the sole negligence of the City, BPI shall defend, indemnify, and hold
<br /> the City harmless from any and all Claims, including without limitation Claims for
<br /> injury to people or damage to property, arising out of or related to (A) BPI's use of the
<br /> Biosolids Pad, (B) any biosolids or any other material delivered to the Biosolids Pad by
<br /> BPI, (C)any failure by BPI to transport, store,treat, or dispose of biosolids or any other
<br /> material in accordance with Exhibit B and all applicable laws, or(D) any release by BPI
<br /> of biosolids or any other material. This defense and indemnification obligation shall
<br /> survive any termination,revocation, or expiration of this Agreement. BPI duties under
<br /> this Section 5 are not in any way limited to, or by the extent of, insurance obtained by,
<br /> obtainable by, or required of the BPI.
<br /> For the purposes of this Section 5:
<br /> A. "City"means the City, its officers, employees, and agents.
<br /> B. "BPI"means, its officers,employees, agents, contractors, and 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
<br /> owned by third parties.
<br /> F. "Release" shall have the meaning that it has under RCW 70.105D.020(25).
<br /> 6. HAZARDOUS MATERIALS. BPI shall not place any materials on the Biosolids
<br /> Pad 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 /> Control Act. Breach of this provision shall be considered"damage to property"for the
<br /> purposes of Section 5, above.
<br /> 7. TERMINATION. The City may unilaterally terminate this License Agreement
<br /> upon ninety(90)days written notice to BPI. If BPI breaches any of its obligations
<br /> under this License Agreement,then the City may deliver written notice of the breach to
<br /> BPI. If BPI does not cure the breach within thirty(30) days after delivery of such
<br /> notice,then the City may terminate this License Agreement effective on delivery to BPI
<br /> of a written notice of termination.
<br /> 8. NOTICE. For the purposes of this License Agreement,the Agreement
<br /> Administrators are: Chris Chesson, for the City,and Dave Ruud, for BPI.Notices sent
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