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ARTICLE 33 - INDEMNIFICATION a. Indemnity by County. To the extent permitted by State law, County agrees to indemnify and hold harmless Contractor, its officers, agents and employees for any and all claims, losses, liabilities and damages, including legal expenses or costs arising out of or attributable to the construction and operation of Class I Landfills prior to the commencement of operations by Contractor under the terms of this Agreement. Contractor shall have no liability or responsibility for any pre-existing conditions at the Landfill, whether presently known or which may be discovered in the future. Since County has retained control over the continuing environmental maintenance over all non - Class I areas of the Landfill facility, County agrees if and to the extent allowed by State law, to indemnify and hold harmless the Contractor, its officers, agents, and employees for any and all claims, losses, liabilities and damages, including legal expenses or cost arising from violations of applicable laws and regulations governing environmental control of the non -Class I area of the Landfill facility. b. Indemnity by Contractor. Except as set forth below. Contractor agrees to indemnify and hold harmless county and its officers, agents, and employees from, against, and with respect to any claim, losses, liabilities and damages including legal expenses and costs arising out of or attributable to the negligent, willful or illegal acts or omissions of Contractor or any of its officers, agents, or employees in the performance or nonperformance to the Work herein specified at the Class I Landfills, including Contractor's failure to comply with present or future applicable environmental laws, rules or regulations. c. Disclaimer. (i) Pre-existing conditions. Contractor does not release or indemnify County for any liability attributable solely to any actions or omissions of County occurring either prior to the commencement of operations of Contractor or during the term of this Agreement, or actions or conditions at the disposal site created by others prior to the commencement of operations by Contractor and which might arise, or be discovered after Contractor assumes operational control of the Class I operations. (ii) Environmental Maintenance. Contractor shall not have any liability or responsibility for the cost or expense of resolving problems arising from leachates and methane gas or other continuing environmental problems. Not withstanding the foregoing, Contractor will cooperate with County in resolving problems arising from leachates, methane gas, or other continuing environmental problems and upon the agreement of County to pay Contractor. Contractor will perform work necessary to cure such problems. (iii) Cancellation of permit. If the operating permit for the Class I Landfill is terminated due to violations which are not attributable to the acts or omissions of Contractor, then Contractor shall not have any liability and/or responsibility to County for claims made due to the closed Landfill or for curing the defects or violations which caused the termination of the permit. GC -18 t 2OS5 09.3407 M. 7:NTOn"'Mi wiiOT TA}[`?CF'?r'•'• '. fi'tr.<5,,'f/"{` AIS!Yt43X;tRlaA`'.4 TM•t` t 1E J;