Common use of Allocation of Tonnages Clause in Contracts

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 diversion rates. After approval by the County, the Recycling Plan will be revised and the Contractor will 777 implement such revised Recycling Plan. County acknowledges that the Contractor shall nonetheless be 778 entitled to recover, through the Maximum Rates to be charged and authorized to be imposed 779 hereunder, the reasonable costs of the Contractor incurred as the result of implementation of the 780 revised Recycling Plan plus ten percent (10%) pre-tax profit, whether prepared by Contractor to address 781 increased diversion goals or changes in methodologies or methods of measurement, or in response to a 782 revision to the County’s SRRE. 783 Section 7.2: Recycling Plan 784 The Contractor is responsible for developing and implementing Residential and Commercial source 785 reduction, Recycling, education, and outreach programs to all Customers in the County. The Contractor's 786 initial Recycling Plan shall be submitted to the County Contract Manager within ninety (90) days of the 787 effective date of this Agreement. Any amendment to the Recycling Plan must be approved by the 788 County Contract Manager.

Allocation of Tonnages. 749 750 1. In the event the County’s covenant not to sue does not apply under Section 6.3(A) and the 750 751 County files a complaint, cross-complaint, cross-claim, or counter-claim for cost recovery, 751 752 contribution, or indemnity against Contractor related to closure, post-closure, or other 752 753 environmental liability arising from the Designated Disposal Facility, County agrees to 753 754 forbear from claiming or arguing that Contractor should be allocated liability for the 754 755 tonnages of Solid Waste that Contractor delivered to the Designated Disposal Facility 755 756 pursuant to this Contract. 756 757 Section 6.4: Cooperative Defense Related to Designated Disposal Facility 757 758 In the event of any Third Party Action including but not limited to Third Party Actions brought under the 758 759 Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et 759 760 seq., then the Contractor and County, subject to the County’s covenant not to sue, shall meet and 760 761 confer to potentially consider some manner of cooperative defense, including but not limited to 761 762 entering into a joint defense agreement, sharing of defense costs, waiving or tolling of cross claims, or 762 763 other cooperative efforts. However, nothing in this paragraph shall abrogate the County’s covenant and 763 764 rights under Section 6.3. 764 765 ARTICLE 7: RECYCLING PROGRAMS 765 766 Section 7.1: The Contractor's Responsibility for Implementation 766 767 Contractor shall develop a Recycling Plan to be reviewed and, subject to changes required by the County 767 768 Contract Manager, approved by the County Contract Manager. In the event that the State of California 768 769 diversion, recycling or disposal reduction requirements or goals in existence at the time this Agreement 769 770 is effective are increased, revised, or the methods for obtaining or measuring compliance with existing 770 771 requirements or goals are changed, the Contractor will be obligated to amend the Recycling Plan to the 771 772 extent necessary to comply with diversion requirements, including estimated costs of implementation 772 773 and targeted diversion rates by program. In the event the County's SRRE is revised in response to the 773 774 increased requirements, the Contractor will, at the request of the County Contract Manager, develop 774 775 and submit for the County's approval suggested revisions to the Recycling Plan designed to enable the 775 776 County to meet the revised requirements, including estimated costs of implementation and targeted 776 777 diversion rates. After approval by the County, the Recycling Plan will be revised and the Contractor will 777 778 implement such revised Recycling Plan. County acknowledges that the Contractor shall nonetheless be 778 779 entitled to recover, through the Maximum Rates to be charged and authorized to be imposed 779 780 hereunder, the reasonable costs of the Contractor incurred as the result of implementation of the 780 781 revised Recycling Plan plus ten percent (10%) pre-tax profit, whether prepared by Contractor to address 781 782 increased diversion goals or changes in methodologies or methods of measurement, or in response to a 782 783 revision to the County’s SRRE. 783 Section 7.2: Recycling Plan 784 The Contractor is responsible for developing and implementing Residential and Commercial source 785 reduction, Recycling, education, and outreach programs to all Customers in the County. The Contractor's 786 initial Recycling Plan shall be submitted to the County Contract Manager within ninety (90) days of the 787 effective date of this Agreement. Any amendment to the Recycling Plan must be approved by the 788 County Contract Manager.