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<br /> 13.7 Contractor sha11 be responsible for all collection and transportation costs necessary to
<br /> 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, costs,
<br /> expenses, demands, taxes, claims, damages, lawsuits, proceedings, or causes of action including
<br /> workers' compensation claims, of any kind or nature, including reasonable attorneys' fees and
<br /> costs of defense, that the City of Decatur may suffer, incur, sustain, or become liable for, on
<br /> account of any injury to or death of its employees, or injury or death to any other person, or
<br /> damage to or injury to real estate, or personal property, in any way resulting from, arising out of,
<br /> in connection with, or pursuant to an agreement and contract, caused by the operations of the
<br /> contractor, its agents, retailers, employees, or any subcontractors in performance of the services
<br /> to be conducted including ownership, maintenance, use, operation, or control of any vehicle
<br /> owned, operated, maintained, or controlled by the Contractor.
<br /> 13.9 Contractor shall, at its own expense, appeaz, defend, and pay all reasonable fees of
<br /> attorneys and all costs and other expenses arising there from or incurred in connection therewith
<br /> as set forth in section 13.8; and if any judgments shall be rendered against the City of Decatur in
<br /> any such action, the Contractor shall, at its own expense, satisfy and discharge same.
<br /> 13.10 Contractor further agrees to indemnify and hold harmless the City of Decatur from all
<br /> liability (including attorney fees)for removal or remedial actions under the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980 (also known as Superfund) or
<br /> compazable state law incurred as the result of the disposal under the agreement and contract after
<br /> the date hereof of the City of Decatur's recyclable materials at the agreed upon disposal facility.
<br /> It is understood and agreed that this indemnity sha11 be null and void in the event of any breach by
<br /> the City of Decatur of any terms of an agreement and contract.
<br /> 13.11 Contractor expressly understands and agrees that any performance bond or insurance
<br /> protection required by this agreement and a contract, or otherwise provided by the Contractor,
<br /> shall in no way limit the responsibility to indemnify, keep and hold harmless, and defend the City
<br /> of Decatur, and to pay e�enses and damages as herein provided. Contractor shall not be liable
<br /> for any liability or claims of liability resulting from the negligence or willful misconduct of the City
<br /> of Decatur, its agents, or its employees.
<br /> 13.12 If the City should wish to change the type of service provided during the term of this
<br /> agreement and a contract, including, but not limited to, type of material collected, method of
<br /> handling, and/or method of collection, the City shall have the option to initiate the change in
<br /> service by serving written notice to the contractor at least sixty(60) days prior to the date of
<br /> service change where change is contemplated to begin. Both parties agree to negotiate the terms
<br /> of such change in service after such written notice is served. Such modifications shall be
<br /> contained in a written agreement executed by the parties.
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