ABANDONED CONTAINERS Clause Samples
The "Abandoned Containers" clause defines the procedures and responsibilities when shipping containers are left unclaimed or not collected within a specified timeframe. Typically, this clause outlines the steps the carrier or terminal operator may take, such as notifying the consignee, charging storage fees, or disposing of the containers if they remain uncollected. Its core function is to allocate responsibility and costs associated with abandoned containers, ensuring that the parties involved understand the consequences and that the carrier or terminal is not left with indefinite storage or disposal burdens.
ABANDONED CONTAINERS. A. If Franchisee, or one of its Generators, abandons any solid waste container owned by or labeled with Franchisee’s company name or logo within City limits, the City may remove the container and/or dispose of the contents of the container.
B. If the City removes a container and/or disposes of the contents of any container abandoned pursuant to Subsection A, the City may charge Franchisee for the City’s costs incurred in such removal/disposal and for the City’s costs of storage of the container. Franchisee shall reimburse City for such costs within thirty (30) days of the date of City’s invoice for such costs.
C. For the purposes of this section, “abandoned” includes:
1) Franchisee’s failure to remove the container within thirty (30) days of termination of services to a Generator;
2) Franchisee’s failure to remove the container within a reasonable time period as specified by the City after the expiration or termination of this Agreement, except in the case where Franchisee has been granted a subsequent franchise authorizing Franchisee to collect and transport the type or types of solid waste for which the container was used pursuant to this Agreement; or
3) Franchisee’s failure to dispose of the contents of the container within five
ABANDONED CONTAINERS. A. If Franchisee abandons any container used to provide collection of Residential Clean-Out Material or C&D Debris under the Non-Exclusive Franchise, City may remove the container and/or dispose of the contents of the container.
B. If City removes a container abandoned by Franchisee and/or disposes of the contents of any container abandoned by Franchisee, City may charge Franchisee for City’s costs incurred in such removal/disposal and for City’s costs of storage of the container. Franchisee agrees to reimburse City for such costs within ten (10) days of the date of City’s invoice for such costs.
C. For the purpose of this section, “abandoned” includes:
1. Franchisee’s failure to remove the container within the time period specified by the City Council upon termination of the Non-Exclusive Franchise pursuant to Chapter 9.10 of the San ▇▇▇▇ Municipal Code.
2. Franchisee’s failure to remove the container within ten (10) working days after the expiration of the Non-Exclusive Franchise granted to Franchisee, except in the case where Franchisee has been granted an extension of the term of said Franchise or Franchisee has been granted a subsequent franchise authorizing Franchisee to collect and transport the type or types of material for which the container was used pursuant to this Agreement.
3. Franchisee’s failure to dispose of the contents of the container within five (5) days after City’s Director of Environmental Services issues written notice of Franchisee to dispose of the contents.
4. Franchisee’s failure to remove the container within five (5) working days after the termination of the agreement between Franchisee and the customer.
ABANDONED CONTAINERS. A. If FRANCHISEE abandons any container used to provide commercial Waste Material collection services under the Agreement, COUNTY may remove the container and/or dispose of the contents of the container.
B. If COUNTY removes a container abandoned by FRANCHISEE and/or disposes of the contents of any container abandoned by FRANCHISEE, COUNTY may charge FRANCHISEE for COUNTY’s costs incurred in such removal/disposal and for COUNTY’s costs of storage of the container. FRANCHISEE shall reimburse COUNTY for such costs within ten (10) days of the date of COUNTY’s invoice for such costs.
C. For the purposes of this section, “abandoned” includes:
1. FRANCHISEE’s failure to remove the container within the time period specified by the COUNTY Board upon termination of the Agreement pursuant to SCC section 6.20.260;
2. FRANCHISEE’s failure to remove the container within a reasonable period after the expiration of this Agreement, except in the case where FRANCHISEE has been granted a term extension under this Agreement or FRANCHISEE has been granted a subsequent franchise authorizing FRANCHISEE to collect and transport the type or types of solid waste for which the container was used pursuant to this Agreement.
3. FRANCHISEE’s failure to dispose of the contents of the container within five (5) days after COUNTY issues written notice to FRANCHISEE to dispose of the contents.
ABANDONED CONTAINERS. Contractor shall not abandon any C&D Debris container used to provide collection services under this Agreement. If Contractor abandons a container, City may remove the container, process and dispose of the contents. If City removes a container abandoned by Contractor, City may charge Contractor for the City’s costs incurred removing such container, transporting, processing, and disposing of its contents, and/or the cost of storing such container. Contractor shall reimburse City for such costs within fourteen (14) calendar days of the date of City’s invoice to Contractor for such costs. If the Contractor does not pay the invoice within fourteen (14) days, interest shall accrue at 10% per annum and City may, at it’s election, keep the container. City’s election to keep the container shall not relieve Contractor of it’s costs obligations. For the purposes of this Section, “abandon" means the following: Contractor’s failure to remove a Contractor owned container within five (5) calendar days of receiving a written request from a customer or City or within five (5) calendar days after the termination of the customer service agreement between Contractor and the customer; or Contractor’s failure to remove a Contractor owned container within ten (10) calendar days upon expiration or termination of this Agreement, except in the case where Contractor has been granted an extension of the Franchise Term.
ABANDONED CONTAINERS. A. For the purpose of this section, “abandoned” includes:
1. Franchisee’s failure to remove the container within the time period specified by the City Council upon termination of the Non-Exclusive Franchise pursuant to Chapter 9.10 of the San ▇▇▇▇ Municipal Code.
2. Franchisee’s failure to remove the container within ten (10) working days after the expiration of the Non-Exclusive Franchise granted to Franchisee, except in the case where Franchisee has been granted an extension of the term of said Franchise or Franchisee has been granted a subsequent franchise authorizing Franchisee to collect and transport the type or types of material for which the container was used pursuant to this Agreement. T-23896\1389605_3.docx Council Agenda: 5-9-17 Item No.:
3. Franchisee’s failure to dispose of the contents of the container within five
ABANDONED CONTAINERS. ▇. ▇▇▇▇▇▇▇▇▇▇ shall comply with the regulations adopted by the County or the Director for placement of Containers on public property.
B. If Franchisee abandons any Container within the County Unincorporated Areas, the County may remove the Container and/or dispose of the contents of the Container.
C. If the County is required to remove a Container abandoned by Franchisee and/or to dispose of its contents, County may charge Franchisee for County’s costs incurred in such removal/disposal and for County’s costs of storage of the Container. The $3,000 or security acceptable to the County, specified in Section 7. E. may be used to reimburse the County for such costs if not paid within ten (10) days of the date of County’s invoice for such costs.
D. For the purposes of this Section, “abandoned” includes:
(1) Franchisee’s failure to remove the Container within the time period pursuant to the termination clause of this Agreement.
(2) Franchisee’s failure to remove the Container within ten (10) working days after the expiration of the Agreement, except in the case where Franchisee has been granted an extension of the term of said Agreement or Franchisee has been granted a subsequent Agreement authorizing Franchisee to perform Franchise Services or if otherwise lawfully operating.
(3) Franchisee’s failure to collect the Container and dispose of the contents of the Container within five (5) days after the Director issues written notice to Franchisee to dispose of the contents.