R2016-33 AUTHORIZING EXTENSION OF CONTRACT Midwest Fiber

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ownership, maintenance, use, operation, or control of any vehicle owned, operated, maintained, or controlled by the Contractor. The Contractor shall, at its own expensc, appear, defend, and pay all reasonable fees of attorneys and all costs and other expenses arisin� there from or incurred in connection thercwith; and if any judgments shall be rendered against the City in any such action, the Contractor shall, at its own expense,satisfy and discharge same. The Contractor further a�rees to indemnify and hold harmless the City from all liability (including altorneys fees) for removal or remedial actions under the Comprehensive Environmental Response, Compcnsation and Liability Act of 1980 (also known as Superfund) or comparable state law incurred as the result of the disposal under lhe agreement and contract after the date hereof of the City of Decatur's recyclable materials at the agreed upon disposal faeility, It is understood and agreed that this indemnity shall be null and void in the event of any breach by the City of any terms of this contract, The Contractor shall not be liable for any liability or claims of� liability resulting from the negligence or willful misconduct of the City, its agents,or its employees. STATE DISPOSAL LEG[SI.A7'ION: The Contractor shall be aware of current and impending State of Illinois deadlines for implementation of restrictions on disposal of certain recyclables. NON-PERFORMANCE: If the Contractor fails to observe the established service requirements or schedule for more than two (2) consecutive working days, the City shall determine whether there is reasonable justification for such lack of observance. If, in the City's judgment, reasonable justification has not been demonstrated, the City shall have the right to tcrminate this contract, upon reasonable notice and opportunity to cure the alleged failure, Arior to terminating this contract for non-performance, the City shall notify the Contractor in writing of the alleged non-performance, and further, that the contract shall be deemed in default if the Contractor does not cure the non-performance within t�aenty-four (24} hours of said notice. If at the end of the twenty-four (24) hour period, the Contractor has not cured the non-performance, the City may take such steps as are necessary to causc recycling services in accordance with this Contract and applicable City Ordinances, to continue to be provided. "Che Contractor shAll be liablc for any costs of such steps From the start of the notice of default. In the event of non-performance that has not been cured or removed, the City shall have the right to take whatever legal, equitable, or administrative action it deems appropriate, and including 9