Indemnification of Grantee. The City shall defend, with counsel reasonably acceptable to Grantee, indemnify and hold Grantee harmless from any and all fines, penalties and assessments levied against or threatened to be levied against the City and/or Grantee for the City's failure to meet the requirements of AB 939, its amendments or any successor legislation and/or all rules and regulations promulgated thereunder if said failure is due to the sole active negligence or willful misconduct of the City, including but not limited to the City's failure to adopt source reduction and recycling elements mandated under AB 939.
Appears in 2 contracts
Sources: Franchise Agreement, Franchise Agreement