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Triangle Region Solid Waste Planners Committee Household Hazardous Waste
<br /> October 28, 1993
<br /> 10. Title to Waste. Title to all identified Waste accepted by LES at the site from residents
<br /> of the Sponsor's service area for transport and disposal by LES shall pass directly from such
<br /> residents to LES at the time of its acceptance.
<br /> 11. Warranty. LES warrants that it understands the currently known hazards and
<br /> suspected hazards which are presented to persons, property and the environment by the
<br /> transportation, treatment and disposal of Wastes. LES further warrants that it will perform all
<br /> services under this Agreement in a safe, efficient, and lawful manner using industry-accepted
<br /> practices, and in full compliance with all applicable state and federal laws and regulations.
<br /> Sponsor warrants that it is in compliance with all applicable state and federal laws governing its
<br /> activities under this Agreement, and that it is under no legal restraint or order which would
<br /> prohibit transfer of,possession or title of collected wastes to LES or prohibit the servicing of
<br /> such waste or LES's performance of services under this Agreement. Sponsor will cooperate
<br /> and/or assist LES, as requested, with its defense, negotiation, adjustment and or settlement of
<br /> a claim against Sponsor.
<br /> 12. Indemnification.
<br /> a. LES shall indemnify, hold harmless and defend the Sponsor from and
<br /> against any and all liabilities, claims, penalties, fines, forfeitures, suits and the costs and
<br /> expenses incident thereto (including cost of defense, settlement, and reasonable attorney's fees)
<br /> which may be alleged against the Sponsor or which the Sponsor may incur, become responsible
<br /> for, or pay out as a result of death or bodily injury to any person, destruction or damage to any
<br /> property, contamination of or adverse effects on the environment, or any violation or alleged
<br /> violation of governmental laws, regulations or orders, to the extent that such damage was caused
<br /> by LES's or LES's agents' negligent, willful or intentional act or omission, breach of contract
<br /> or a failure of LES's warranties to be true, accurate or complete.
<br /> b. To the extent allowed by law, the Sponsor shall indemnify, hold harmless
<br /> and defend LES from and against any and all liabilities, claims, penalties, fines, forfeitures, suits
<br /> and the costs and expenses incident thereto (including cost of defense, settlement, and reasonable
<br /> attorney's fees) which may be alleged against LES or which LES may incur, become responsible
<br /> for, or pay out as a result of death or bodilyInjury to any person, destruction or damage to any
<br /> property, contamination of or adverse effects on the environment, or any violation or alleged
<br /> violation of governmental laws, regulations or orders, to the extent that such damage was caused
<br /> by the Sponsor's or the Sponsor's agents' negligent, willful or intentional act or omission,
<br /> breach of contract or a failure of the Sponsor's warranties to be true, accurate or complete.
<br /> 13. Independent Contractor. LES is and shall perform this agreement as an independent
<br /> contractor and, as such, shall have and maintain complete control over all of its employees and
<br /> operations. Neither LES nor anyone employed by it shall be, represent, act, purport to act, or
<br /> be deemed to be the agent, representative, employee or servant of the Sponsor.
<br /> Laidlaw Environmental Services
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