§ 7-380. Indemnification; limits of liability.

The contractor shall defend, indemnify, and hold the city and all of its officers, agents, employees, and elected officials whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, or omission of the contractor, or any agent, servant, or employee of the contractor in the execution of the performance of services as stated herein, without regard to whether such persons are under the direction of city agents or employees. Notwithstanding, the foregoing or any other provision in said agreement, however, the contractor shall have obligation to collect and no liability for, relating to, or arising out of any collected, hazardous waste or other waste that does not constitute acceptable waste.

In no event shall either party be liable to the other or obligated in any manner to pay to the other party any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non-performance of its obligations as stated herein, or the material falseness or inaccuracy of any representation made in this article, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.

(Ord. No. 1506, § 2, 5-18-10)