Indemnification.
Contractor will be responsible for
any and all suits, actions, legal proceedings, claims, demands, damages,
costs, expenses, and attorney's fees arising out of a willful
or negligent act or omission of contractor, its officers, agents,
servants, employees, licensees and subcontractors in the performance
of this agreement. The city will not be responsible for the negligence
of contractor, or any of its officers, agents, servants, employees,
licensees or subcontractors. Contractor assumes all liability and
responsibility for and hereby covenants and agrees to fully indemnify,
hold harmless, and defend the city, its officers, agents, servants,
and employees from and against any and all claims, suits, judgments,
assessments, costs, and expenses (including reasonable attorneys'
fees) for property damage or loss and/or personal injury, including
death, to any and all persons of whatsoever kind or character, whether
real or asserted, arising out of or in connection with the performance,
attempted performance, or nonperformance of the work and services
described hereunder by contractor or in any way resulting from or
arising out of the collection, transportation, and processing of recyclable
materials under this agreement by contractor, including the work,
services, operations, and legal duties of contractor, its officers,
agents, servants, employees, subcontractors or licensees, if any,
save and except any damage or loss and/or personal injury, including
death, arising out of any acts or omissions of the city or the city's
officers, agents, servants, or employees. Contractor shall likewise
assume all responsibility and liability for and shall indemnify and
hold harmless the city for any and all injury or damage to city property
arising out of or in connection with any and all negligent acts or
omissions of contractor, its officers, agents, servants, employees,
subcontractors or licensees, including reasonable attorneys'
fees expended by the city in any suit or claim against contractor
for same.