|
9.2
<br />by the Service Provider or any subcontractor of the Service Provider), the Service
<br />Provider's operation of a Drop-Off Site, or the Service Provider's performance of its
<br />obligations under the Agreement. This indemnification obligation does not apply to any
<br />claims, suits, demands, obligations, losses, damages, liabilities, expenses, or causes of
<br />action are proven to result primarily from the negligence, willful misconduct, or breach
<br />of this Agreement attributable to an lndemnified Party.
<br />lndemnification of Service Provider. PaintCare shall require in its contracts with its
<br />Haulers that the Haulers agree to indemnify the Service Provider, its agents, elected
<br />officials, and employees, from and against all claims, losses, damages, liabilities,
<br />expenses, and causes of action of every kind whatsoever, whether based in contract,
<br />tort, statute, common law, or strict liability, which result from or arise out of the Hauler's
<br />(or its subcontractors') transportation or processing/disposal of any PaintCare Products
<br />that the Hauler picks up from any of the Service Provider's Drop-Off Sites. This
<br />indemnification obligation does not apply to the extent any claims, suits, demands,
<br />obligations, losses, damages, liabilities, expenses, or causes of action result from the
<br />negligence, willful misconduct, or breach of this Agreement attributable to the Service
<br />Provider, its agents, elected officials, or employees.
<br />ARTICLE 1O . INSURANCE
<br />10.1 The Service Provider shall comply with the requirements set forth in Attachment D
<br />("lnsurance Requirements for PaintCare MRW Drop-Off Sites").
<br />10.2 PaintCare shall require that its Haulers carry appropriate insurance, including the
<br />following (collectively, the "Hauler Insurance"):
<br />a. Commercial General Liability insurance written on an occurrence basis covering
<br />personal injury, property damage, and bodily injury and death with limits not less
<br />than $1,000,000 each occurrence, and $2,000,000 in the aggregate;
<br />b. Commercial Automobile Liability insurance (owned, non-owned or hired) with
<br />limits not less than $1,000,000 combined single limit; and
<br />c. Workers'Compensation lnsurance as required by the State or other applicable
<br />Law.
<br />10.3 For any Hauler that PaintCare designates to pick up hazardous PaintCare Products from
<br />the Drop-Off Sites, the Hauler lnsurance will include environmental pollution liability
<br />insurance covering liability arising from the handling or release of pollutants by the
<br />Hauler, including during transport. Such environmental pollution liability insurance will
<br />have limits not less than $2,000,000 each occurrence, and $5,000,000 in the aggregate.
<br />10.4 PaintCare shall require in its contracts with its Haulers that the Hauler include the Service
<br />Provider and its agents, elected officials, and employees as additional insured (which
<br />may be by blanket endorsement) under the Hauler lnsurance policies (other than
<br />Worker's Compensation).
<br />7'l_
|