Common use of Disposal of Unacceptable Waste delivered by or on Clause in Contracts

Disposal of Unacceptable Waste delivered by or on. behalf of the Jurisdictions to the Facility. If a Jurisdiction delivers or causes to be delivered Unacceptable Waste to the Facility, the Company, at its sole option, may (i) reject acceptance of such Unacceptable Waste at the Facility and require the delivering Jurisdiction to reload and dispose of such Unacceptable Waste at the Jurisdiction’s sole cost and expense, or (ii) if the Company does not discover such Unacceptable Waste in time to reject and reload such waste at the Facility, the Company may, after delivering telephonic notice to the Public Works Officials, dispose of such Unacceptable Waste and charge the Jurisdiction all reasonable third-party disposal costs actually incurred by the Company (“Unacceptable Waste Costs”), unless the Jurisdiction otherwise elects to arrange and pay for disposal of such waste, in which case, the delivering Jurisdiction shall not be otherwise liable for any Unacceptable Waste Costs. If the Jurisdiction elects to dispose of such Unacceptable Waste, the Jurisdiction shall be required to do so (A) within twenty four (24) hours following telephonic notice of such delivery if such Unacceptable Waste is Hazardous Waste, or (B) within forty eight (48) hours following telephonic notice of such delivery if such Unacceptable Waste is not Hazardous Waste. If after electing to do so, the delivering Jurisdiction does not dispose of the Unacceptable Waste within the prescribed time period, the Company may dispose of such waste without further notice to the Jurisdiction and the Jurisdiction shall pay to the Company, following receipt of invoice and Cost Substantiation, the Unacceptable Waste Costs incurred by the Company to dispose of such waste. No prior notice shall be required of the Company to the Jurisdictions to dispose of Unacceptable Waste in emergency situations where a delay in such disposal would constitute a hazard to the Facility or any Person on, about or near the Facility Site; provided, however, that the Company shall provide prompt telephonic notice to the Public Works Officials and written notice to the Jurisdictions following such event. Unacceptable Waste directly attributable and delivered by or on behalf of the Jurisdictions shall not be counted towards the Minimum Annual Tonnage. The Company shall provide reasonable and verifiable evidence and documentation (e.g., video footage of City or County trucks depositing Unacceptable Waste on the Facility tipping floor or into the Facility pit) to the City or the County, or both, establishing that such Unacceptable Waste delivered by or on behalf of the City or the County, or both, then the City or the County, or both, as appropriate, shall be responsible for such Unacceptable Waste Costs relative to such Unacceptable Waste and such Unacceptable Waste Costs shall be reimbursed by the City or the County, or both, to the Company. The Company shall exercise all reasonable efforts to mitigate and otherwise minimize Unacceptable Waste Costs.