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Right of Entry, Release of Liability, Assumption of Risk, Indemnification, Defense and
<br /> Hold Harmless Agreement Between the City of Tracy, a California municipal corporation
<br /> and Stericycle Environmental Solutions, Inc., a California Corporation.
<br /> Stericycle Environmental Solutions, Inc. ("Contractor") desires to use the property owned
<br /> by the City of Tracy ("City"), located at the north parking lot at City Hall at 333 Civic Center
<br /> Plaza, Tracy, California 95376 ("Property") for the purpose of conducting a household
<br /> hazardous waste collection event ("Event") on May 11, 2019. City and Contractor are herein
<br /> referred collectively as "Parties."
<br /> In exchange for the right of entry and use of the Property for the Event, the Contractor
<br /> hereby agrees to the following:
<br /> Contractor hereby assumes the risk of and releases the City, its officials, employees,
<br /> agents, officers, and joint powers authorities of which it is a member, from any and all claims,
<br /> demands, rights and causes of action of any kind that Contractor may have on account of
<br /> Contractor's employees, agents, or volunteers, arising out of the Event, or the Event's
<br /> employees, agents, or volunteers, using equipment, or merely being present on or around the
<br /> Property. Contractor further agrees to obtain medical treatment for any such injury or illness at
<br /> its own expense.
<br /> In the event of injury from the event, or the events employees, agents, or volunteers
<br /> using equipment, or being present or around the Property, Contractor agrees to release and
<br /> hold harmless the City, its officials, employees, agents, officers, and joint powers authorities of
<br /> which it is a member, from any liability for bodily injury, personal injury, property damage to any
<br /> third person, animal, or Event's employees, agents, or volunteers, or for any worker's
<br /> compensation benefits to which the Event's employees, agents, or volunteers might otherwise
<br /> be entitled as an employee or covered volunteer, arising out of the Event, or the Event's
<br /> employees, agents, or volunteers using equipment, or merely being present on or around the
<br /> Property. Contractor further agrees to obtain medical treatment for any such injury or illness at
<br /> its own expense.
<br /> Further, Contractor agrees to indemnify, defend, and hold the City, its officials,
<br /> employees, agents, officers, and joint powers authorities of which it is a member, harmless from
<br /> any damages to person or property or liability for any and all claims, demands, rights and
<br /> causes of action of any kind that may arise from the Event, or the Event's employees, agents, or
<br /> volunteers using equipment, or merely being present on or around the Property, except to the
<br /> extent caused by the sole, active negligence or willful misconduct of the City. Contractor hereby
<br /> assumes any risk of injury or damage to any third person, animal, or property, which may result
<br /> from the Event, or the Event's employees, agents, or volunteers using equipment, or merely
<br /> being present on or around the Property.
<br /> As further consideration for the right of entry and use of the Property to hold the Event,
<br /> Contractor agrees to commence work in preparation for the Event on May 10, 2019, the day
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