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13.7 Contractor shall be res onsible for all collection and trans ortation costs
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<br /> necessary to bring recyclables to a processing site.
<br /> 13.8 Contractor shall indemnify defend, save, and hold harmless the City of Decatur,
<br /> individually and collectively, its officers and employees from any and all liability, losses,
<br /> costs, expenses, demands, taxes, claims, damages, lawsuits,proceedings, or causes of
<br /> action including workers' compensation claims, of any kind or nature, including
<br /> reasonable attorneys' fees and costs of defense, that the City of Decatur may suffer,
<br /> incur, sustain, or become liable for, on account of any injury to or death of its employees,
<br /> or injury or death to any other person, or damage to or injury to real estate, or personal
<br /> property, in any way resulting from, arising out of, in connection with, or pursuant to an
<br /> agreement and contract, caused by the operations of the contractor, its agents,retailers,
<br /> employees, or any subcontractors in performance of the services to be conducted
<br /> including ownership, maintenance,use, operation, or control of any vehicle owned,
<br /> operated,maintained, or controlled by the Contractor.
<br /> 13.9 Contractor shall, at its own expense, appear, defend, and pay all reasonable fees
<br /> of attorneys and all costs and other expenses arising there from or incurred in connection
<br /> therewith as set forth in section 13.8; and if any judgments shall be rendered against the
<br /> City of Decatur in any such action, the Contractor shall, at its own expense, satisfy and
<br /> discharge same.
<br /> 13.10 Contractor further agrees to indemnify and hold harmless the City of Decatur
<br /> from all liability(including attorney fees) for removal or remedial actions under the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980(also
<br /> known as Superfund) or comparable state law incurred as the result of the disposal under
<br /> the agreement and contract after the date hereof of the City of Decatur's recyclable
<br /> materials at the agreed upon disposal facility. It is understood and agreed that this
<br /> indemnity shall be null and void in the event of any breach by the City of Decatur of any
<br /> terms of an agreement and contract.
<br /> 13.11 Contractor expressly understands and agrees that any performance bond or
<br /> insurance protection required by this agreement and a contract, or otherwise provided by
<br /> the Contractor, shall in no way limit the responsibility to indemni fy keep and hold
<br /> harmless, and defend the City of Decatur, and to pay expenses and damages as herein
<br /> provided. Contractor shall not be liable for any liability or claims of liability resulting
<br /> from the negligence or willful misconduct of the City of Decatur, its agents, or its
<br /> employees.
<br /> 13.12 If the City should wish to change the type of service provided during the term of
<br />, this agreement and a contract, including,but not limited to, type of material collected,
<br />� method of handling, and/or method of collection,the City shall have the option to initiate '
<br /> the change m service by servmg wntten nohce to the contractor at least sixty(60) days
<br /> prior to the date of service change where change is contemplated to begin. Both parties �
<br /> agree to negotiate the terms of such change in service after such written notice is served.
<br /> Such modifications shall be contained in a written agreement executed by the parties. '�,
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