Common use of Liability for Non-Compliance Clause in Contracts

Liability for Non-Compliance. i. Indemnity: Failure to comply with laws, regulations, and ordinances listed in this Section may constitute a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless MTS, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which MTS, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of MTS, its officials, officers, agents, employees or authorized volunteers. ii. Defense: MTS reserves the right to defend any enforcement action or civil action brought against MTS for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse MTS for the costs associated with, any settlement reached between MTS and the relevant enforcement entity. iii. Damages: MTS may seek damages from Contractor for delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.