Composting Facility. Facility licensed to process yard waste and/or source separated organics in conformance with state and local regulations.
Composting Facility. 8 The Z-Best composting facility located at 000 Xxxxx Xxxxxxx 00, Xxxxxx, Xxxxxxxxxx 9 95020, or such other facility that is approved in advance by CITY’s Director of 10 Environmental Services and that is designed, operated and permitted for the purpose of 11 receiving, and processing Compostable Waste.
Composting Facility. Subject to the limitations described herein, the City shall have the right and the obligation during the Term hereof to designate the Designated Composting Facility, or multiple concurrent Composting Facilities, in its sole and absolute discretion. The Designated Composting Facility shall be the Monterey Peninsula Landfill owned by the Monterey Waste Management District. The City Manager shall have the right to designate alternative Designated Composting Facility (subject to the indemnification requirements described in Section 10.1 of this Franchise); provided, however, that if the City changes the Designated Composting Facility and delivery to the new Designated Composting Facility adds more than ten (10) miles round trip to Franchisee’s haul routes, the City and Franchisee agree to meet and confer on a reasonable adjustment to Franchisee’s compensation. The City shall notify the Franchisee in writing of any changes in, or additions to, the Designated Composting Facility. The Franchisee shall deliver all Organics whichit collects to the Designated Composting Facility, in accordance with the requirements of Applicable Law, and shall comply with the requirements, rules and regulations of the owner or operator of the Designated Composting Facility. The Franchisee agrees that it shall not dispose of Organics at any disposal site, except as may be required in emergencies resulting from Uncontrollable Circumstances with the prior written approval of the City Manager. In the event the Designated Composting Facility is no longer willing or able to accept or able to accept City’s Organics for Processing, the parties shall work cooperatively to identify an alternative facility subject to the provisions of Section 7.1.C. Until such time as an alternative facility is identified and a formal agreement for the Processing of the City’s Organics is executed, Franchisee shall not be deemed in breach of this agreement for failure to comply with and its implementing regulations except to the extent the lack of a Designated Composting Facility or alternative facility is caused by the conduct of Franchisee.
Composting Facility. The Trustee owns the approximately 162 acres of real property located in Riverside County, California, and the fixtures located thereon, that constitute the Composting Facility, and has good and marketable title thereto, free and clear of any Encumbrance, except Permitted Encumbrances and the Encumbrances (and amounts secured thereby) listed on Schedule 2.1.24 hereto, and has the right, power and authority to execute the Facility Lease and Lease Memorandum and to consummate the transactions contemplated thereby. The Composting Facility Payment constitutes all amounts secured by an Encumbrance on the Composting Facility, and upon payment of the Composting Facility Payment and release by Business Bank of California of its security interest thereon, no Encumbrance shall exist on the Composting Facility securing any debt, guarantee, obligation or liability, of any kind, except for any such Encumbrance created by Synagro.
Composting Facility. Any facility in Alameda County designated by CITY, or if no 155 facility is designated by CITY, any facility designated by CONTRACTOR and approved by the 156 CITY for the receipt, processing and Composting of Compostable Materials Collected under this 157 Agreement.
Composting Facility. CONTRACTOR shall deliver all Collected 852 Compostable Material to the Composting Facility. In the event the facility is closed on a Work 853 Day, the CONTRACTOR shall transport and deliver the Compostable Material to such other 854 legally permitted facility as is approved by CITY. CONTRACTOR shall ensure that all 855 Compostable Material Collected pursuant to this Agreement, except residue resulting from 856 processing, is diverted from the landfill. In no event shall Compostable Material be used for 857 ADC at a landfill. Failure to comply with this provision shall result in the levy of liquidated 858 damages as specified in Article 23 of this Agreement and may result in CONTRACTOR being 859 in default under this Agreement.
