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and proceedings of any kind, including ctaims sounding in contract <br /> or tort or under applicable environmental laws, in particular <br /> including indemnification for any "release" or "threatened release" <br /> as defined in Section 101(22) of the Comprehensive <br /> Environmental Response Compensation and Liability Ac~ of 1980 <br /> (CERCLA), of any "hazardous substance" as det3ned in Section <br /> 101(14) of CERCLA asserted by any person or entity, including <br /> any governmental body, agency or authority and from any loss, <br /> cost, damage or expense, relating to the activ~ies of Recycter. <br /> This indemnity and hold harmless does not indemni~y and hold <br /> harmless a Political SubdiviSion for a hazardous substance that is <br /> delivered and not removed by such Political Subdivision and is <br /> therefore in violation of Section IV.A.3.h. of the Intergovernmental <br /> Agreement a~ached hereto as Exhibit 3. <br /> <br /> Term. This Agreement shall commence on February 14, 1994 and shall <br />end five (5) years thereafter, on February 13, 1999, unless extended by the <br />parties in writing. The par~ies agree to negotiate prior to the close of the five <br />(5) year term to determine if they are able to reach mutual agreement on all <br />terms in order to ex~end this contract for a second five (5) year term. <br /> <br />N. ~Terminazion and Remedies. <br /> <br /> 1. In the event either PCA or the DisTrict violate their respective <br /> obligations set forth in this Agreement, the other nonbreaching <br /> <br />-10- <br /> <br /> <br />