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(including death) to any person, damage (including loss of use~"'~o <br />an~ property (public or private), contamination of or adverse <br />affects on the environment, or any violation or alleged violation <br />by PERMIT HOLDER of statutes, ordinances, orders., rules or <br />regulations of any governmental entit~v or aggnc¥, directly or <br />indirectly caused by, or arising out of any acts, omissions or <br />operations of PERMIT HOLDER or its employees or other persons <br />engaged by or under the control, supervision or direction of PERMIT <br />HOLDER in the conduct of the operation of a waste tire <br />processing/manufacturing facility at the Site. Nothing con-rained <br />herein shall require PERMIT HOLDER to indemnify the CITY or any <br />other person from any liability, claim, suit, cause of action, cost <br />or expense whatsoever arising out of execution of this Agreement <br />by the CITY or authorities or out of any orders or rulings of any <br />nature whatsoever by the CITY or any of the CITY boards, agencies <br />or commissions prior to this Agreement. <br /> <br /> 2. Term. The term of this Agreement shall commence on the <br />date of issuance to PERMIT HOLDER of a CUP to operate an aluminum <br />recovery processing/manufacturing facility at the Site, and. shall <br />terminate upon the expiration of the CUP or removal of all waste <br />materials from the Site, whichever occurs later. Provided, <br />however, that nothing contained herein shall be a waiver of the <br />termination of liability of PERMIT HOLDER with respect to closure, <br />post-closure and environmental response, or costs associated <br />therewith, at such time as PERMIT HOLDER is not liable under any <br />federal, state or county law or ordinance for enviro-nmental <br /> <br />2 <br /> <br /> <br />