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including claims sounding in tort or contract or any regulatory action <br />under any applicable environmental laws' (specifically including <br />indemnification for any liability under the Comprehensive Environmental <br />Response Compensation and Liability Act of 1980 (CERCLA) asserted by <br />any person or entity including, any governmental body, agency, or <br />authority from any loss, cost, damage or expense relating in any way to <br />the-Political Subdivision's transportation of ONP and magazines pursuant <br />to this Agreement. The Political Subdivision shall indemnify and' hold the <br />District harmless from all loss, costs, damage or expenses arising out of <br />Political Subdivision's failure to comply with the provisions of this <br />Agreement and the Recycler Contract. In consideration of the District's <br />waiver of any fees for its services as a facilitator or for any <br />reimbursement of expenses not related to Political Subdivision's failure <br />to comply with the provisions of this Agreement and the Recycler Con- <br />tract, Political Subdivision releases the District from any liability under <br />this Agreement. <br /> <br />Beneficial Relationshio. The Political Subdivision acknowledges the <br />District's contract with PCA (Exhibit 1 ) to facilitate the recycling of ONP <br />herein, and as such, acknowledges that such Recycler is a third-party <br />beneficiary of this Intergovernmental Agreement and that the Political <br />Subdivlsion is therefore directly liabie to PCA in the event of. Political <br />SubdivisiOn's breach of this contract. <br /> <br />-lO- <br /> <br /> <br />