Capacity and Priority Assurances Clause Samples
The Capacity and Priority Assurances clause establishes the obligation of a party, typically a service provider or supplier, to maintain sufficient resources and prioritize the needs of the other party under the agreement. In practice, this means the provider must ensure they have the necessary personnel, equipment, or inventory to meet contractual demands, and that the client’s requirements will not be deprioritized in favor of other customers. This clause is essential for guaranteeing reliable service delivery and mitigating the risk of delays or shortages due to overcommitment or resource constraints.
Capacity and Priority Assurances. Contractor shall secure by the Effective Date a written assurance from the owner/operator of the GreenWaste MRF that (1) it has the physical capacity to accept and effectively process all Recyclable Materials delivered to the facility from the City in addition to any Recyclable Material which it is currently contractually committed to accept and process; (2) its solid waste facility permit, and all other permits from governmental agencies necessary for it to operate, authorize it to accept and process the Recyclable Materials expected to be delivered from the City in addition to any Recyclable Material which it is currently contractually committed to accept and process; and (3) it has committed, or will commit, to assign Recyclable Materials collected in the City by Contractor and delivered to the facility higher priority in processing and marketing than all similar materials, other than those which are delivered under contracts which the facility owner/operator entered into before the Effective Date.
Capacity and Priority Assurances. Contractor shall secure by the Effective Date a written assurance from the owner/operator of the Zanker Materials Processing Facility (ZMPF) and the Zanker Road Resource Recovery Operation and Landfill (ZRRROL) that (1) each facility has the physical capacity to accept and effectively process all Construction Related Material delivered to the facility from the City in addition to any Construction Related Material which they are currently contractually committed to accept and process; (2) the solid waste facility permits, and all other permits from governmental agencies necessary for each facility to operate, authorize them to accept and process the Construction Related Material expected to be delivered from the City in addition to any Construction Related Material which they are currently contractually committed to accept and process; and (3) it has committed, or will commit, to assign Construction Related Material collected in the City by Contractor and delivered to either facility higher priority in processing and marketing than all similar materials, other than those which are delivered under contracts which the facility owner/operator entered into before the Effective Date of this Agreement.
Capacity and Priority Assurances. Contractor shall secure within 30 days of City action approving this Amendment a written assurance from the owner/operator of the ZWED Facility that (1) it has the physical capacity to accept and effectively process all Compostable Materials delivered to the facility from the City in addition to any Compostable Materials which it is currently contractually committed to accept and process; (2) its solid waste facility permit, and all other permits from governmental agencies necessary for it to operate, authorize it to accept and process the Compostable Materials expected to be delivered from the City in addition to any Compostable Materials which it is currently contractually committed to accept and process; and (3) it has committed, or will commit, to assign Compostable Materials collected in the City by Contractor and delivered to the facility higher priority in processing and marketing than all similar materials, other than those which are delivered under contracts which the facility owner/operator entered into before January 2019.
Capacity and Priority Assurances. Except as otherwise provided in Sections 4.10, 5.06 and 9.07 of this Agreement, Contractor shall guarantee the Approved Processing Facilities (1) have the physical capacity to accept and effectively Process all Solid Waste delivered to the facility by the City’s Collector; and (2) has the solid waste facility permit, and all other permits from governmental agencies necessary for it to operate, and authorize it to accept and Process the Solid Waste expected to be delivered by the City’s Collector to the Approved Processing Facilities under this Agreement.
Capacity and Priority Assurances. Contractor shall secure by the Effective Date a written assurance from the owner/operator of the Z-BEST Composting Facility (Z-BEST) that (1) it has the physical capacity to accept and effectively process all Organic Materials delivered to the facility from the City in addition to any Organic Materials which it is currently contractually committed to accept and process; (2) its solid waste facility permit, and all other permits from governmental agencies necessary for it to operate, authorize it to accept and process the Organic Materials expected to be delivered from the City in addition to any Organic Materials which it is currently contractually committed to accept and process; and (3) it has committed, or will commit, to assign Organic Materials collected in the City by Contractor and delivered to the facility higher priority in processing and marketing than all similar materials, other than those which are delivered under contracts which the facility owner/operator entered into before the Effective Date of this Agreement.
Capacity and Priority Assurances. Contractor shall secure by the Effective Date a written assurance from the owner/operator of the Zanker Materials Processing Facility (ZMPF) and the Zanker Road Resource Recovery Operation and Landfill (ZRRROL) that (1) each facility has the physical capacity to accept and effectively process all C&D Debris delivered to the facility from the City in addition to any C&D Debris which they are currently contractually committed to accept and process; (2) the solid waste facility permits, and all other permits from governmental agencies necessary for each facility to operate, authorize them to accept and process the C&D Debris expected to be delivered from the City in addition to any C&D Debris which they are currently contractually committed to accept and process; and (3) it has committed, or will commit, to assign C&D Debris collected in the City by Contractor and delivered to either facility higher priority in processing and marketing than all similar materials, other than those which are delivered under contracts which the facility owner/operator entered into before the Effective Date of this Agreement.