C. Indemnification.
Customer agrees to defend, hold harmless, and indemnify the City of Yukon against all claims, lawsuits, and any other liabilities of
personal injury or damage to property, directly, indirectly, or incidental, connected with or arising from Customer’s (including
Customer’s employees and agents) use of equipment.
Customer warrants that Customer’s pavement, concrete, sub-grade, curbing, etc., are sufficient to bear the weight of the
container itself, equipment, and vehicles used to service the container. The City of Yukon shall not be responsible for any such
damages and Customer agrees to assume all liability for any such damage resulting from the weight of the container(s), vehicles
used to service the container(s), and/or equipment providing services at Customer’s location.
Further, Customer agrees to indemnify and hold harmless the City of Yukon for any item, object, and/or substance that Customer
puts in the City of Yukon’s container which is not legal waste, as defined herein.
ARTICLE V. DEFINITIONS.
A. Definitions.
The term legal waste means all solid waste which Sanitation Services can deposit in a sanitary landfill and does not include
hazardous or toxic wastes as defined by the U.S. Resource Conservation and Recovery Act. Title to legal waste shall pass to the City
of Yukon upon pick up. Title to all other waste shall remain with Customer who agrees to be responsible for all injury to persons or
damage to property or the environment which is caused by anything placed in the City of Yukon’s container(s) which is not legal
waste.
The terms hazardous waste and toxic waste are defined as by the U.S. Environment Protection Agency, the Resource Conservation
and Recovery Act and various state and local laws and restrictions. As used in this Agreement, hazardous and toxic waste includes,
but not limited to, within the statutory and regulatory definitions and specifically includes: radioactive, volatile, highly flammable,
explosive, biomedical, liquid waste, sludge, waste from any industrial service, waste from a pollution controlled process, residue
from the cleanup of a spill or release of chemical substances, contaminated soil, chemical waste, anything contaminated with
poly-chlorinated biphenyl (PCBs), asbestos, pumping from septic tanks, outdated or contaminated or banned chemicals or
commercial products (including items removed from the marketplace by consent following allegations of safety by any
governmental regulatory body), animal wastes and/or body parts, grease trap residues, closed cartridge filters from dry-cleaning
establishments, and other similar wastes. Customer agrees to be solely liable for any and all required remedial action attributable to
any of this material being picked up and transported.
ARTICLE VI. USE OF CONTAINERS
A. Loading and Weight
The contents of a container must be at or below the height of the container. This is necessary to ensure that the Sanitation Service
driver can safely cover and secure the load and prevent spillage during the loading process of the container.
Customer shall not overload the container and understands that the maximum legal weight limit for each container is ten (10) tons.
If overloaded, Customer shall be responsible for unloading container to legal weight. Customer acknowledges being informed that
filling a container approximately one-third (1/3) full (approximately ten (10) cubic yards) with heavy material such as shingles, dirt,
concrete, brick, gravel, etc., will reach the weight limit of the container. All fees, fines and/or citations paid by the City of Yukon due
to over-weight filling of a container will be charged back to the Customer.
B. Limitations of Containers.
As previously specified, the maximum legal weight limit for each container is ten (10) tons. Containers are not completely leak proof
due to their design and function. Customer shall be aware that small waste could slip through the cracks of the rear door of the
container, and Customer shall secure and properly dispose of all loose waste. For this same reason, no liquids of any kind shall be
put in the containers. The driver is not responsible for cleaning up spillage of loose waste, refuse, liquids, or spillage due to overflow.
Containers are designed for gravity emptying by raising one end of the container higher than the other end. If Customer loads the
container with material that will not empty in accordance with the container’s design, the container will be returned to Customer
with the material still in the container. The removal of such material will be the Customer’s responsibility. The container will not be
emptied until the material is removed. If not removed at the termination of this Agreement, Customer shall be billed for the removal
of materials including, but not limited to, dried cement, glue, mud, residue, etc.
ARTICLE VII. ENTIRE AGREEMENT
A. Entire Agreement of the Parties.
This Agreement between the parties, The City of Yukon and Customer, is the entire and complete agreement of the parties. This
Agreement shall be legally binding on the parties, their respective heirs, successors, and permitted assigns in accordance with the
terms and conditions set out herein.