Common use of Alternative Facilities Clause in Contracts

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 to the Authority at the 701 same time as they are provided to the Franchised Collector. Invoices shall be in a form satisfactory to 702 the Authority and shall, at a minimum, separately list by material type the associated Tonnage, applied 703 Rate, and number of loads received. The Authority shall have no obligation for payment of such invoices 704 as the Franchised Collectors are authorized to collect from Customers the compensation provided for 705 herein.

Alternative Facilities. 676 8.1 If Contractor does 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: 8.1.1 after the Space Segment Facilities have been Unavailable for: (a) a continuous period of 8 hours, or (b) sooner if in BT's reasonable judgment the Unavailability is unlikely to be remedied within that period. 8.1.2 after the Earth Segment Facilities have been Unavailable for: (a) a continuous period of 1 hour or more; or (b) sooner when in BT's reasonable judgment the Unavailability is unlikely to be remedied within 4 hours from the start of such Unavailability. 8.2 After written approval from the Customer of the nature, duration, and cost to the Customer of any identified alternative facilities (which will not receive be unreasonably withheld or delayed), BT will make the materials at alternative facilities available to the Approved Processing Customer wile the Space Segment Facilities or Landfill for reasons 677 Earth Segment Facilities are Unavailable and will reinstate the original facilities as soon as this is reasonably practicable. The Customer shall continue to pay the Charge while the alternative facilities are being provided. 8.3 BT will bear the cost of providing alternative space segment facilities to the amount stated in Schedule 1 and the Customer will bear the rest of the costs in addition to the Charge. 8.4 When BT provides alternative earth segment facilities out of resources already then available to it, BT will bear the entire cost of providing them. 8.5 Where alternative earth segment facilities are made available other than Uncontrollable Circumstances then, following Authority approval given in pursuant to Clause 8.4. BT will: 8.5.1. bear the Authority’s sole 678 discretion, Contractor shall: (i) accept cost of providing them where they have to be provided as a result of any act or omission on the Authority’s materials at another similarly-capable processing 679 facility part of BT or landfill owned by it of any of its employees or an Affiliateagents; 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 8.5.2. 681 In either in any other case, Contractor shall provide service through these alternate facilities at no additional cost. If 682 bear the Authority does not approve Contractor’s first choice cost 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 providing them up to the alternate facility(ies), then daily rate set out in Schedule 1 and the Authority may 686 terminate this Agreement Customer will bear the rest 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, addition 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. Charge. 8.6 If Contractor BT is unable to provide service through alternative 691 earth segment facilities owned by it which are acceptable to the Customer (such acceptance not to be unreasonably withheld or an Affiliate as a result of Uncontrollable Circumstances delayed) and such condition 692 persists the Earth Segment Facilities have been Unavailable for a continuous period of five (5) 24 hours, then the Customer may nominate alternative earth segment facilities not owned or more Working Days, controlled by BT. 8.7 BT will use reasonable endeavors to procure the Authority may, at its sole discretion, terminate 693 this Agreement in accordance with Section 7.2use of alternative earth segment facilities nominated under Clause 8.6 provided that: 8.7.1. 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 BT and the tenth Working Day of each month, Contractor shall invoice 697 or otherwise charge the Franchise Agencies’ Franchised Collectors in amounts equal Space Segment Operator have given written consent to the Rate 698 multiplied by Tons use of such alternative earth segment facilities (BT's consent not to be unreasonably withheld or delayed). BT will promptly seek the Authority’s Solid Waste, Organic Materials, C&D Materials, Dry Materials Space Segment Operator's consent and 699 Recyclable Materials delivered by Franchised Collectors convey to it any representations on the Customer's behalf which the Customer may reasonably request; 8.7.2. all appropriate government regulatory requirements have been satisfied. The Customer must provide reasonable evidence of such satisfaction (where it is reasonable for BT to require such evidence); 8.7.3. the Customer must indemnify BT in respect of any damage to the Landfill and Approved Processing 700 Facilities during the previous month. Copies of such invoices shall be provided Satellite or loss to third parties to the Authority at extent that the 701 same time as they are provided to damage or loss is caused by the Franchised Collector. Invoices shall be in a form satisfactory to 702 the Authority and shall, at a minimum, separately list by material type the associated Tonnage, applied 703 Rate, and number of loads received. The Authority shall have no obligation for payment of such invoices 704 as the Franchised Collectors are authorized to collect from Customers the compensation provided for 705 herein.nominated alternative earth segment facilities;

Alternative Facilities. 676 754 If Contractor does not receive the materials at the Approved Processing Facilities or Landfill for reasons 677 755 other than Uncontrollable Circumstances then, following Authority approval given in the Authority’s sole 678 756 discretion, Contractor shall: (i) accept the Authority’s materials at another similarly-capable processing 679 757 facility or landfill owned by it or an Affiliate; or, (ii) arrange for the Authority’s material to be Processed 680 758 or Disposed of at another similarly-capable processing facility or landfill not Owned by it or an Affiliate. 681 759 In either case, Contractor shall provide service through these alternate facilities at no additional cost. If 682 760 the Authority does not approve Contractor’s first choice of an alternate processing facility or landfill, 683 761 Contractor shall have ten (10) Working Days to arrange for different alternate facilities. If Authority 684 762 rejects such alternate facilities based on reasonable public policy, environmental, or business concerns, 685 763 and Contractor proceeds to deliver such materials to the alternate facility(ies), then the Authority may 686 764 terminate this Agreement in accordance with Section 7.2. 687 765 If Contractor does not receive the materials at the Approved Processing Facilities or Landfill due to 688 766 Uncontrollable Circumstances, Contractor shall, to the extent it is legally able to do so in accordance 689 767 with Applicable Law, accept materials at another similarly-capable processing facility or landfill owned 690 768 by it or an Affiliate at no additional cost. If Contractor is unable to provide service through alternative 691 769 facilities owned by it or an Affiliate as a result of Uncontrollable Circumstances and such condition 692 770 persists for a period of five (5) or more Working Days, the Authority may, at its sole discretion, terminate 693 771 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 to the Authority at the 701 same time as they are provided to the Franchised Collector. Invoices shall be in a form satisfactory to 702 the Authority and shall, at a minimum, separately list by material type the associated Tonnage, applied 703 Rate, and number of loads received. The Authority shall have no obligation for payment of such invoices 704 as the Franchised Collectors are authorized to collect from Customers the compensation provided for 705 herein.