Contractor’s Inability To Meet Diversion Goals Sample Clauses

Contractor’s Inability To Meet Diversion Goals. Should Contractor not achieve the tonnage diversion goal for any applicable one-year period during which Contractor’s diversion goal is in effect, Contractor and County shall promptly meet and confer as to the reasons for Contractor’s inability to achieve the diversion goal. Contractor may present evidence to the County that circumstances beyond the Contractor’s reasonable control have interfered with or prevented Contractor from attaining the diversion goal. The County shall excuse Contractor from having to pay liquidated damages if Contractor can establish to the County’s satisfaction, exercised in its sole discretion, that: (a) other Entities have taken, acquired or purchased Recyclables Materials that have been diverted from Disposal and that otherwise would have been diverted by Contractor; or (b) the composition or volume of the waste stream being delivered to Contractor has so materially changed that Contractor can no longer reasonably achieve the diversion goals. As part of the parties obligation to meet and confer, Contractor shall prepare a Diversion Action Plan that details the steps Contractor will take to achieve the tonnage diversion goal. Contractor shall implement the Diversion Action Plan and shall have a twelve-month period to increase its diversion performance pursuant to this plan. If Contractor’s annual diversion for the twelve-month period covered by the Diversion Action Plan achieves the diversion tonnage for that period, Contractor shall continue to implement the provisions of the Diversion Action Plan. If Contractor fails to achieve its tonnage diversion goal for any year following the second year of MRF operations, and if the County does not in its discretion excuse Contractor’s achievement of the tonnage diversion goal for that year or Contractor’s achievement of the diversion goal is not excused by reason of a Change in Law or Force Majeure Event, then upon written demand from County, Contractor shall pay County liquidated damages based on the formula set forth in Section 9.6 below. Contractor shall pay County such liquidated damages within 60 days. County shall make its demand for the payment of liquidated damages from Contractor within 60 days from County’s receipt of Contractor’s diversion report for the year in question, otherwise Contractor shall have no further obligation to pay the County liquidated damages for that year.
Sample 1
AutoNDA by SimpleDocs

Related to Contractor’s Inability To Meet Diversion Goals

  • Doctor's Certificate of Inability to Work The Employer may require an employee who is unable to work because of illness or injury to provide a statement from:

  • DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS REQUIREMENTS/ STATEMENTS OF WORK Firms and/or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or solicitation documents contained herein are excluded from competing for this solicitation. This shall not be applicable to firms and/or individuals providing responses to a publicly posted Request for Information (RFI) associated with a solicitation.

  • PERFORMANCE OUTCOMES 8 A. CONTRACTOR shall achieve performance objectives, tracking and reporting Performance 9 Outcome Objective statistics in monthly programmatic reports, as appropriate. ADMINISTRATOR 10 recognizes that alterations may be necessary to the following services to meet the objectives, and,

  • CONTRACTOR’S SUBMISSION OF CONTRACT MODIFICATIONS In connection with any Contract modification, OGS reserves the right to:  request additional information  reject Contract modifications  remove Products from Contract modification requests  request additional discounts for new or existing Products

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • MANAGEMENT OF EVALUATION OUTCOMES 12.1 The evaluation of the Employee’s performance will form the basis for rewarding outstanding performance or correcting unacceptable performance.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

  • Contractor Performance Evaluations The Contract Administrator will evaluate Contractor’s performance as often as the Contract Administrator deems necessary throughout the term of the contract. This evaluation will be based on criteria including the quality of goods or services, the timeliness of performance, and adherence to applicable laws, including prevailing wage and living wage. City will provide Contractors who receive an unsatisfactory rating with a copy of the evaluation and an opportunity to respond. City may consider final evaluations, including Contractor’s response, in evaluating future proposals and bids for contract award.

  • Project/Milestones Taxpayer develops and manufactures various products for use in the defense, aerospace and security industries. In consideration for the Credit, Taxpayer agrees to expand its operations at various locations throughout California, including El Segundo, Redondo Beach, Palmdale, Sunnyvale, Woodland Hills, Azusa and Rancho Xxxxxxxx. As part of its expansion, Taxpayer will invest in manufacturing equipment, computer and electrical equipment and make tenant improvements to the above facilities. Additionally, Taxpayer will hire full-time employees as part of its expansion (collectively, the “Project”). Further, Taxpayer agrees to satisfy the milestones as described in Exhibit “A” (“Milestones”) and must maintain Milestones for a minimum of three (3) taxable years thereafter. In the event Taxpayer employs more than the number of Full- time employees, determined on an annual full-time equivalent basis, than required in Exhibit A, for purposes of satisfying the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” Taxpayer may use the salaries of any of the Full-time employees hired and retained within the required time period. For purposes of calculating the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” the salary of any full-time employee that is not employed by the taxpayer for the entire taxable year shall be annualized. In addition, Xxxxxxxx agrees that any full-time employee hired after the effective date of this agreement that is a “qualified full-time employee” (as defined in RTC section 23636) shall be excluded from the calculation of the net increase of full-time employees required by this Agreement if Taxpayer claims the credit allowed by RTC section 23636.

  • Eligibility to Work The Contractor must ascertain and validate that all proposed staff resources, including all employees, subcontractors and agents, (hereinafter “Contractor Staff Member”), are either U.S. citizens or non-U.S. citizens.

Time is Money Join Law Insider Premium to draft better contracts faster.