§ 405-55. Indemnification; contribution

(a) The District agrees it shall protect, indemnify, and hold harmless each member municipality (except a member municipality found to be at fault) and its respective officials, officers, members, employees, and agents, from and against all liabilities, damages, claims, demands, judgments, losses, costs, expenses, suits, action, or proceedings, and attorney's fees, and further agrees to defend the indemnified party in any suit, action, or proceeding, with respect to any act by or default of the District arising out of the location and operation of a District waste disposal facility or the negligent conduct of any District activities.

(b) Any member municipality which operates or maintains, or has operated or maintained, a facility or facilities for the disposal of solid or hazardous waste (except a facility the operation or maintenance of which is, pursuant to express written authorization of the Board of Commissioners, conducted for the District) agrees that it shall protect, indemnify, and hold harmless the District and each other member municipality (except a member municipality found to be at fault) and their respective officials, officers, members, employees, and agents from and against all liabilities, damages, claims, demands, judgments, losses, costs, expenses, suits, actions, or proceedings, and attorney's fees, and further agrees to defend the indemnified parties in any suit, action, or other proceeding, with respect to any act by or default of such municipality arising out of its operation or maintenance, or both, of such facility.

(c) It is expressly agreed and understood by the District and the member municipalities that by entering into this agreement and forming the Chittenden Regional Solid Waste Management District, neither the District nor any member municipality has accepted or assumed any responsibility or liability for the past, present, or future operation or maintenance of any solid or hazardous waste disposal facility located within the District or operated by any member municipality, except a facility the operation or maintenance of which is, pursuant to express written authorization of the Board of Commissioners, conducted for or on behalf of the District.

(d) In the event the District is unable to meet any obligation with regard to which the member municipalities are jointly liable, each member municipality shall contribute its proportionate share of such obligations which are paid by the District to insure that all member municipalities share financial responsibility for these obligations in an amount proportionate to the actual or estimated tonnage or volume of solid waste generated by that municipality as determined by the District Board of Commissioners pursuant to section 34 of this chapter.