Diversion Guarantee Sample Clauses

Diversion Guarantee. A second paragraph shall be added to Section 7.3 (currently titled “Diversion Guarantee”) to read as follows: Contractor hereby guarantees that beginning no later than July 1, 2021, it will implement the Recyclables and Organic Waste programs described in Sections 5.2, 5.3, 5.4, and 5.15 within the City (“Diversion Program”). The Parties agree that the intent of the Diversion Program is to support City efforts to meet the jurisdictional landfill diversion requirements of AB 939, as specified in Public Resources Code § 41780(a)(2) within the City. Contractor shall be deemed in compliance with this Section 7.3 if the Diversion Program includes the following:
Sample 1
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Diversion Guarantee. Beginning on the effective execution date of xxxxx First Amendment and Restated Agreement hereto, Operations Date, Contractor shall annually Divert at least fourteentwenty five (1425) percent by weight of the Authority’s Delivered Mixed Municipal Waste. During the first year immediately after completion of the Phase 2 C&D Processing Area, Contractor shall Divert at least thirty percent by weight of the Authority’s Delivered Mixed Municipal Waste. Each year thereafter, Contractor shall Divert at least an additional one (1) percent until the Diversion Guarantee reaches thirty five (35). Then the Diversion Guarantee shall remain at a minimum of thirty five percent for the remainder of the Term of this Agreement. In calculating Contractor’s performance with respect to meeting the Diversion Guarantee, the Company Conntractor shall be credited with 100% of the ADC Diverted which does not exceed shall not comprise more then ten (10) fourteen percent (14%) by weight of the Authority’s Delivered Mixed Municipal Waste and 50% of the amount of ADC which exceeds fourteen percent (14%) by weight of the Authority’s Delivered Mixed Municipal Waste. Authority has arranged for its Disposal Facility Contractor to accept an average of 1,000 tons per month of ADC at Xxxxxx Canyon Landfill. during the first year and increasing by 100 tons per month annually. Contractor shall be responsible for marketing any additional ADC produced at a total cost of transportation and payment, that does not exceed the transport and payment cost of Authority’s Agreement with its Disposal Facility Contractor. No later than 15 days after the end of each month, Contractor shall provide a report summarizing total tons received, the weight of Residue delivered to the landfill and the type, weight and disposition of all materials Diverted, for the current month and year to date, in a manner acceptable to the Authority. If for any calendar quarter period equal to any twelve (12) month period after Full Operations the quarterly twelve (12) month report indicates that the Diversion Guarantee is not being met, the Contractor will pay the Authority equal to 100% of the Diversion Incentive Fee a Diversion Penalty Fee. Authority may declare the Contractor in breach of the Diversion Guarantee and the Contractor will pay the liquidated damages for such failure described in Exhibit 7 which shall be the only remedy of the Authority for such breach. provisions of Section 11.01 shall apply. Contractor shall submi...
Sample 1
Diversion Guarantee. Contractor recognizes and acknowledges that the member jurisdictions of the Authority are required by the Act to Divert at least fifty (50) percent of each jurisdiction’s municipal solid waste from Disposal by 2000 and to maintain that diversion level. Contractor further acknowledges that individual member jurisdictions may adopt and achieve more aggressive diversion goals during the Term of this Agreement. Contractor has read and understands the JPA Agreement of the Authority included in Exhibit 8 and acknowledges that because each Authority member jurisdiction is solely responsible for achieving the level of diversion required by the Act, that the diversion programs implemented by the member jurisdictions are primary and Diversion efforts at the Facility are intended to supplement the programs of the member jurisdictions, but not to replace, displace or compete in any way with the diversion programs of member jurisdictions, including the diversion operations conducted at the City of Napa Materials Diversion Facility (MDF). Contractor’s Diversion Guarantee is stated in Section 6.03. Contractor further acknowledges that the composition and characteristics of Mixed Municipal Waste will vary over time and assumes the risk of fulfilling its Diversion Guarantee with this understanding. Contractor shall not seek amendment of the Diversion Guarantee, excuse from noncompliance therewith, or adjustment of the Service Fees for failure to meet such Diversion Guarantee due to the composition of Mixed Municipal Waste.
Sample 1
Diversion Guarantee. Under the Diversion Guarantee, the Contractor shall divert 14 from disposal or use at a landfill a minimum of 30,000 tons per year of Self Haul material 15 entering the Facilities (excluding Processing Facility tons and Buy Back / Drop Off Center
Sample 1
Diversion Guarantee. Contractor must achieve a diversion from landfill rate of thirty-one percent (31%) by December 31, 2016; forty percent (40%) by December 31, 2020, and fifty-five percent (55%) by December 31, 2025.
Sample 1
Diversion Guarantee 
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Related to Diversion Guarantee

  • Guarantee The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

  • Daily Guarantee (a) Subject to the provisions of subsection (c), an employee reporting for a scheduled shift on the call of the Employer, shall receive the employee's regular hourly rate of pay for the entire period spent at the place of work, with a minimum of two (2) hours' pay at the regular hourly rate.

  • Performance Guarantee 9.4.1 The Concessionaire shall, for the performance of its obligations hereunder during the Concession Period, provide to the Authority no later than [90] days prior to expiry of the Performance Security, an irrevocable and unconditional guarantee from a Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)7 in the form set forth in Schedule-FF (the “Performance Guarantee”). Until such time the Performance Guarantee is provided by the Concessionaire pursuant hereto and the same comes into effect, notwithstanding anything contained in clause 9.3 the Performance Security shall remain in force and effect, and upon such provision of the Performance Guarantee pursuant hereto, the Authority shall release the Performance Security to the Concessionaire.

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