Resolution - #97-05-137 - 05/27/1997

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property (public or private), contamination of or adverse affects on the environment, or any violation or alleged violation by WMMI of statutes, ordinances, orders, rules or regulations of any governmental entity or agency, directly or indirectly caused by, or arising out of any acts, omissions or operations of WMMI or its employees or other persons engaged by or under the control, supervision or direction of WMMI in the conduct of the operation of the groundwater recovery and treatment facility at the Site. Nothing contained herein shall require WMMI to indemnify the CITY or any other person from any liability, claim, suit, cause of action, cost or expense whatsoever arising out of execution of this Agreement by the CITY or authorities or out of any orders or rulings of any nature whatsoever by the CITY or any of the CITY boards, agencies, or commissions prior to this Agreement. 2. Term. The term of this Agreement shall commence on the date of issuance to WMMI of a CUP to operate a groundwater recovery and treatment facility at the Site, and shall terminate upon the expiration of the CUP or removal of the contaminant plume, whichever occurs earlier. Provided, however, that nothing contained herein shall be a waiver of the termination of liability of WMMI with respect to closure, post-closure and environmental response, or costs associated therewith, at such time as WMMI is not liable under any federal, state or county law or ordinance for closure, post-closure or environmental response, or costs associated therewith. 3. Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed given when hand delivered to the City Administrator of the CITY or to an officer of WMMI, or when mailed by registered or certified United States mail, postage prepaid, addressed as follows: