Alternative Facilities. If Contractor is unable to use the Approved Recyclable Materials Processing Facility due to an emergency or sudden and unforeseen closure of the Approved Recyclable Materials Processing Facility that is outside the control of the Contractor, Contractor may use an alternative Processing Facility as consistent with the provisions of the Post-Collection Services Agreement and provided that the Contractor provides written notice to City Contract Manager. Within forty-eight (48) hours of such emergency or sudden and unforeseen closure, the Contractor shall provide a written description of the reasons the use of the Approved Recyclable Materials Processing Facility is not feasible and the period of time Contractor proposes to use the alternative Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City Contract Manager is able to consider and respond to the use of the proposed alternative Processing Facility. During such time, to the extent feasible, Contractor shall continue to comply with the requirements of Article 6. If the use of the proposed alternative Processing Facility is anticipated to or actually does exceed thirty (30) days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the City Contract Manager. The City Contract Manager may, in their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed alternative Processing Facility. In the event that the City disapproves the use of the proposed alternative Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility. If the need to use the alternative Processing Facility is discretionary or for reasons within Contractor’s reasonable control, Contractor’s Compensation shall not be adjusted for any change in Transportation and Processing costs associated with use of the alternative Processing Facility. If the need to use the alternative Processing Facility results from reasons beyond Contractor’s, or its Subcontractor’s, reasonable control, City shall adjust, either up or down, Contractor’s Compensation for changes in Transportation and Processing costs associated with use of the alternative Processing Facility. In the event that a change in the Processing Facility results in increased costs, City may identify and direct Contractor to an alternative Processing Facility that results in less cost t...
Alternative Facilities. 676 If Contractor does not receive the materials at the Approved Processing Facilities or Landfill for reasons 677 other than Uncontrollable Circumstances then, following Authority approval given in the Authority’s sole 678 discretion, Contractor shall: (i) accept the Authority’s materials at another similarly-capable processing 679 facility or landfill owned by it or an Affiliate; or, (ii) arrange for the Authority’s material to be Processed 680 or Disposed of at another similarly-capable processing facility or landfill not Owned by it or an Affiliate. 681 In either case, Contractor shall provide service through these alternate facilities at no additional cost. If 682 the Authority does not approve Contractor’s first choice of an alternate processing facility or landfill, 683 Contractor shall have ten (10) Working Days to arrange for different alternate facilities. If Authority 684 rejects such alternate facilities based on reasonable public policy, environmental, or business concerns, 685 and Contractor proceeds to deliver such materials to the alternate facility(ies), then the Authority may 686 terminate this Agreement in accordance with Section 7.2. 687 If Contractor does not receive the materials at the Approved Processing Facilities or Landfill due to 688 Uncontrollable Circumstances, Contractor shall, to the extent it is legally able to do so in accordance 689 with Applicable Law, accept materials at another similarly-capable processing facility or landfill owned 690 by it or an Affiliate at no additional cost. If Contractor is unable to provide service through alternative 691 facilities owned by it or an Affiliate as a result of Uncontrollable Circumstances and such condition 692 persists for a period of five (5) or more Working Days, the Authority may, at its sole discretion, terminate 693 this Agreement in accordance with Section 7.2. 694 4.13 Invoicing 695 For all Franchised Collectors except Richmond Sanitary Service (Richmond Sanitary Service is expressly 696 exempt from this provision) on or before the tenth Working Day of each month, Contractor shall invoice 697 or otherwise charge the Franchise Agencies’ Franchised Collectors in amounts equal to the Rate 698 multiplied by Tons of the Authority’s Solid Waste, Organic Materials, C&D Materials, Dry Materials and 699 Recyclable Materials delivered by Franchised Collectors to the Landfill and Approved Processing 700 Facilities during the previous month. Copies of such invoices shall be provided ...
Alternative Facilities. (a) This Section 12.05 sets forth the Concessionaire’s sole and exclusive rights and remedies with respect to Alternative Facilities, and supersedes any provisions of this Agreement to the contrary. Such rights and remedies are subject to Section 12.05(k).
Alternative Facilities. If alternative facilities are needed in emergency situations, the Site Administrator will notify the Program Coordinator of alternative facilities at the Xxxx School as soon as possible to facilitate notification of parents.
Alternative Facilities. In case any existing facilities including, but not limited to, irrigation systems, water supplies, roads, bridges, buildings, communication system(s) power systems and water xxxxx are adversely affected because of the implementation of the Project, the IPP shall be responsible and bear the cost of for taking remedial measures to mitigate such adverse effects. The cost of the above remedial measures shall become part of the Project Cost. Such facilities shall be as mutually identified and agreed upon between the IPP and JREDA. The IPP shall not interfere with any of the existing facilities till an alternate facility, as identified, is created.
Alternative Facilities. In the case of a Shutdown, it shall be the responsibility of the Contractor to locate an alternative facility or facilities as soon as commercially reasonable to ensure that Receiving and Processing of Program Recyclables is not unduly interrupted. Except in the event of Uncontrollable Circumstances, the Contractor shall be liable for all transportation, processing, marketing, disposal, and any other related costs which may be incurred by the Designated Communities in excess of Designated Community payments that would have been made under this Contract.
Alternative Facilities. “Alternative Facilities” shall mean one (1) or more facilities (which may be owned or leased by First Data), no less than fifty (50) miles from the facility in which the application or system is housed, which houses the Redundant Capability for such application or system.
Alternative Facilities. (a) Additional General Purpose Lanes. Additional general purpose lanes on I-66 within the Project Corridor encompassing the Express Lanes will be considered an Alternative Facility. For purposes of this Section 12.05(a), the term general purpose lanes does not include the use of auxiliary lanes for any of their intended uses or the use of the shoulder between auxiliary lanes as an additional travel lane for incident management, maintenance and construction.
Alternative Facilities. 7.1 If the Service has been Unavailable during a Transmission Period for:
Alternative Facilities. 8.1 If the Earth or Space Segment Facilities have been Unavailable during a Transmission Period BT will consult with the Customer and use reasonable endeavors to identify alternative earth or space segment facilities:
