Common use of Disposition of Unauthorized Waste Clause in Contracts

Disposition of Unauthorized Waste. 5.21.1 It is understood that Franchisee is not authorized and is not required hereunder to collect and transport Hazardous Waste or restricted or other waste that is not acceptable or permitted for disposal at a transfer station, Material Recovery Facility, or disposal site. In addition, Franchisee shall not be required to collect containers that are not set out or filled in accordance with, or do not meet Franchisee’s collection requirements. Regardless of the reason, when any Solid Waste, Recyclable Material or other material is not collected by Franchisee, Franchisee shall leave a company imprinted tag with Franchisee contact information on the material stating the reasons for Franchisee’s refusal to collect the same. Adequate records of the tags shall be maintained by Franchisee and shall be available to County for inspection upon reasonable notice during business hours. 5.21.2 If Franchisee observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or released in reportable quantities in the county, including on, in, under or about County property, including streets, easements, rights of way and County waste containers, Franchisee shall immediately notify County of the same. 5.21.3 If Franchisee discovers Hazardous Waste, or other material that may not be legally accepted, among materials that it has inadvertently accepted, Franchisee may either return such materials to the applicable generator or dispose of such waste at its own expense and pursue all legal rights and remedies it may have against the generator(s) of such Hazardous Waste, if the generator(s) can be identified.

Appears in 4 contracts

Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement

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Disposition of Unauthorized Waste. 5.21.1 ‌ 6.20.1 It is understood that Franchisee is not authorized and is not required hereunder to collect Collect and transport Hazardous Waste or restricted or other waste that is not acceptable or permitted for disposal at a transfer stationTransfer Station, Material Materials Recovery Facility, or disposal siteDisposal Site. In addition, Franchisee shall not be required to collect containers Collect Containers that are not set out or filled in accordance with, or do not meet Franchisee’s collection Collection requirements. Regardless of the reason, when any Solid Waste, Recyclable Material Materials or other material is not collected Collected by Franchisee, Franchisee shall leave a company imprinted tag with Franchisee contact information on the material stating the reasons for Franchisee’s refusal to collect Collect the same. Adequate records of the tags shall be maintained by Franchisee and shall be available to County for inspection upon reasonable notice during business hours. 5.21.2 6.20.2 If Franchisee observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or released in reportable quantities in the countyCounty, including on, in, under or about County property, including streets, easements, rights of way and County waste containers, Franchisee shall immediately notify County of the same. 5.21.3 6.20.3 If Franchisee discovers Hazardous Waste, or other material that may not be legally accepted, among materials that it has inadvertently accepted, Franchisee may either return such materials to the applicable generator or dispose of such waste at its own expense and pursue all legal rights and remedies it may have against the generator(s) of such Hazardous Waste, if the generator(s) can be identified.

Appears in 1 contract

Samples: Franchise Agreement

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