Additional Waste. 23.4.1 The Contractor shall use reasonable endeavours to Accept Additional Waste on written request of the Authority. Without prejudice to the generality of the expression, such reasonable endeavours shall be interpreted as meaning in relation to capacity for the Additional Waste:
(a) that the Contractor shall not be obliged to terminate any existing Third Party Waste Contract or reduce capacity committed to Third Party Waste customers unless the Authority has agreed to pay for any costs arising from such reduction in capacity or termination; and
(b) that from the date of receipt of written request from the Authority pursuant to Clause 23.4.1, the Contractor shall allocate any spare capacity at the Facility to the Authority when it becomes available and shall not enter into new or extend existing Third Party Waste Contracts in respect of such capacity.
23.4.2 Where pursuant to Clause 23.4.1 Additional Waste is accepted by the Contractor the payment per tonne for such Additional Waste shall be as set out in paragraph 10.3 (Additional Waste Payment) of Schedule 4 (Payment Mechanism) shall apply but for all other purposes, save where set out in Schedule 4 (Payment Mechanism), the Additional Waste shall be treated as Contract Waste and all other components of Schedule 4 (Payment Mechanism) shall apply.
Additional Waste. Should the County or Participating Communities desire to use Contractor solid waste disposal services for Additional Waste, then County shall require Licensed Commercial Waste Haulers to execute a License Agreement with the County or Participating Communities that (a) sets forth the payment procedure in Section 6.5 for Additional Waste Disposal Services, (b) requires the Licensed Commercial Waste Hauler(s) to deliver all collected Additional Waste to the appropriate Materials Recovery Facility(ies) or as otherwise provided pursuant to Section 7.2, and (c) requires the Licensed Commercial Waste Hauler(s) to provide a performance and payment bond (in a form and from an issuer reasonably acceptable to Contractor) in favor of Contractor in an amount that covers a ninety (90) day Disposal Services Fee payment period for Commercial Waste Disposal Services calculated pursuant to Article 6 and based on the sixty (60) day average tonnage of Commercial Waste delivered by the Licensed Commercial Waste Hauler(s) to Contractor during the twelve (12) month period immediately preceding execution of the License Agreement between County or Participating Communities and Licensed Commercial Waste Hauler(s) entered into after the Effective Date of this Agreement. The sufficiency of the value of the performance and payment bond shall be reviewed on an annual basis and the required bond value may by increased or decreased based on an increase or decrease in a Licensed Commercial Waste Haulers’ Commercial Waste delivery obligations hereunder.
