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. e (1) The Contractor shall furnish all labor, tools, equipment and power for the operation of the Landfill, and shall be responsible for all necessary maintenance thereof. Contractor shall operate the site according to terms and provisions of Municipal Solid Waste Permit(s) No. 1478 and 1540, and under the supervision of an experienced person so that it shall not become a nuisance or an offence to the city. Contractor shall maintain suitable roads within the Landfill for truck traffic. (2) All waste and other refuse accepted by the Contractor shall be thoroughly compacted by equipment operations. Sufficient auxiliary equipment shall be maintained on the site or kept otherwise available to permit operation in case of equipment breakdown or increased volume of material to be handled. (3) The area shall be neat and sanitary at all times. (4) The Contractor agrees to comply with all laws, ordinances and regulations of the State of Texas and with the terms and conditions of its permit applicable to the operation under this Agreement and to conform with the standards of operation as established by the u.S. Public Health Service, and agrees that all services rendered by it hereunder shall be rendered in a clean, sanitary, neat, courteous and efficient manner and that it will instruct its employees accordingly. In the event the Contractor shall wholly fail to dispose of garbage and other materials herein provided to be disposed of for a period of two (2) weeks, and provided such failure is not due to war, insurrection, riot, strike, act of God or any other cause or causes beyond the Contractor's control, the city may, at its option after written notice to the Contractor, terminate this Agreement. (5) In the event that the City shall, without fault on its part, be made a party to litigation arising as a result of failure of the Contractor to comply with any provisions of this Agreement or by reason of the Contractor's operation or use of the subject premises (other than provided for herein) brought by or against the Contractor, the Contractor shall pay all reasonable costs and attorney's fees necessarily incurred by the City in defense of such litigation, and shall save and hold the City harmless from any liability therefrom. (C) Nuisance-free operations. The Landfill shall be operated by the Contractor in a nuisance-free manner, and in such a manner as not to generate or produce any obj ectionable or offensive odors, noise, smoke or fumes outside the Landfill premises, and in a manner meeting and complying with all valid, non-discriminatory and generally applicable ordinances, regulations and laws of the State of Texas and other PAGE 2 OF 6