Allocation of Tonnages Sample Clauses

Allocation of Tonnages. 749 1. In the event the County’s covenant not to sue does not apply under Section 6.3(A) and the 750 County files a complaint, cross-complaint, cross-claim, or counter-claim for cost recovery, 751 contribution, or indemnity against Contractor related to closure, post-closure, or other 752 environmental liability arising from the Designated Disposal Facility, County agrees to 753 forbear from claiming or arguing that Contractor should be allocated liability for the 754 tonnages of Solid Waste that Contractor delivered to the Designated Disposal Facility 755 pursuant to this Contract. 756 Section 6.4: Cooperative Defense Related to Designated Disposal Facility 757 In the event of any Third Party Action including but not limited to Third Party Actions brought under the 758 Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et 759 seq., then the Contractor and County, subject to the County’s covenant not to sue, shall meet and 760 confer to potentially consider some manner of cooperative defense, including but not limited to 761 entering into a joint defense agreement, sharing of defense costs, waiving or tolling of cross claims, or 762 other cooperative efforts. However, nothing in this paragraph shall abrogate the County’s covenant and 763 rights under Section 6.3. 764 ARTICLE 7: RECYCLING PROGRAMS 765 Section 7.1: The Contractor's Responsibility for Implementation 766 Contractor shall develop a Recycling Plan to be reviewed and, subject to changes required by the County 767 Contract Manager, approved by the County Contract Manager. In the event that the State of California 768 diversion, recycling or disposal reduction requirements or goals in existence at the time this Agreement 769 is effective are increased, revised, or the methods for obtaining or measuring compliance with existing 770 requirements or goals are changed, the Contractor will be obligated to amend the Recycling Plan to the 771 extent necessary to comply with diversion requirements, including estimated costs of implementation 772 and targeted diversion rates by program. In the event the County's SRRE is revised in response to the 773 increased requirements, the Contractor will, at the request of the County Contract Manager, develop 774 and submit for the County's approval suggested revisions to the Recycling Plan designed to enable the 775 County to meet the revised requirements, including estimated costs of implementation and targeted 776 divers...
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Related to Allocation of Tonnages

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • NOW, THEREFORE the parties hereto agree as follows:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Definitions For purposes of this Agreement:

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Termination This Agreement may be terminated at any time prior to the Closing:

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