R2016-57 AUTHORIZING CONTRACT - Midwest Fiber Inc.

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The Contractor further agrees to indemnify and hold harmless the City from all liability (including attorney fees) for removal or remedial actions under the Comprehensive I Environmental Response, Compensation and Liability Act of 1980 (also known as Superfund) or comparable state law incurred as the result of the disposal under the agreement and contract after the date hereof of the City of Decatur's recyclable materials at the agreed upon disposal facility. 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 LEGISLATION: 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 of service 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 terminate this contract, upon reasonable notice and opportunity to cure the alleged failure. Prior to terminating this contract for non-performance, the City shall notify 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 twenty-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 cause recycling services in accordance with this Contract and applicable City Ordinances, to continue to be provided. The Contractor shall be liable 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 mandatory injunction, specific performance, and "cover" which may appear necessary or desirable to the City to collect any payments due, to abate or prevent any such default, or to enfarce performance and observance of any obligation of the Contractor under this contract. The City may also exercise any and all remedies under the bond including, without limitation, recovery under the bond of any and all moneys and damages due, recover damages suffered or incurred or that may be suffered or incurred, by the City due to a default, even if this agreement or contract has been terminated or canceled, and take whatever action is required to cure the default, including without limitation, payments to others, or performance for or on behalf of the Contractor its obligations and agreements. BREACH: The occurrence of any one or more of the following events shall constitute cause for the City to declare Contractor in default of its obligations under this Contract: a) City determines that satisfactory performance of this Contract is substantially endangered or that default is likely to occur; b) Contractor becomes subject of any bankruptcy or insolvency proceeding; terminate or suspend their operations; become for any reason financially insolvent or unable to pay its bills; 10