Common use of Delivery of Acceptable Waste; No Delivery Guarantee Clause in Contracts

Delivery of Acceptable Waste; No Delivery Guarantee. Subject to this Section 2.1(a), during the Term, the Jurisdictions shall use all reasonable efforts to deliver, or cause to be delivered, to the Facility Acceptable Waste generated in the Jurisdictions which is collected, or caused to be collected, by the Jurisdictions. Subject to Section 4.6, nothing in this Agreement shall obligate the Jurisdictions to deliver any amount of Acceptable Waste in any Contract Year to the Facility and the failure of the Jurisdictions to deliver the Minimum Annual Tonnage in any Contract Year to the Facility shall not give rise to an Event of Default on the part of the Jurisdictions under this Agreement. Notwithstanding anything to the contrary in this Agreement, nothing shall limit the Jurisdictions’ waste reduction, recycling programs or collection programs, or any one or more of the foregoing, which are in effect and as are modified or amended from time to time, subject to the Jurisdictions’ payment (if any) of the Monthly Shortfall Fee as required by Section 4.6(a) and, if applicable, the Annual Shortfall Fee. The Jurisdictions shall not contract or subcontract, either directly or indirectly, with another Governmental Authority (other than arrangements or contracts (whether oral or written) with governmental agencies or units in effect as of the Execution Date) in order to meet their delivery obligations hereunder.

Delivery of Acceptable Waste; No Delivery Guarantee. Subject to this this Section 2.1(a2.1 (a), during the Term, the Jurisdictions shall use all reasonable efforts to deliver, or cause to be delivered, to the Facility Acceptable Waste generated in the Jurisdictions which is collected, or caused to be collected, by the Jurisdictions. Subject to Section 4.6, nothing in this Agreement shall obligate the Jurisdictions to deliver any amount of Acceptable Waste in any Contract Year to the Facility and the failure of the Jurisdictions to deliver the Minimum Annual Tonnage in any Contract Year to the Facility shall not give rise to an Event of Default on the part of the Jurisdictions under this Agreement. Notwithstanding anything to the contrary in this Agreement, nothing shall limit the Jurisdictions’ waste reduction, recycling programs or collection programs, or any one or more of the foregoing, which are in effect and as are modified or amended from time to time, subject to the Jurisdictions’ payment (if any) of the Monthly Shortfall Fee as required by Section 4.6(a) and, if applicable, the Annual Shortfall Fee. The Jurisdictions shall not contract or subcontract, either directly or indirectly, with another Governmental Authority (other than arrangements or contracts (whether oral or written) with governmental agencies or units in effect as of the Execution Date) in order to meet their delivery obligations hereunder.