Diversion Requirement Clause Samples

The Diversion Requirement clause mandates that certain goods, services, or resources must not be redirected or used for purposes other than those originally intended or agreed upon in the contract. In practice, this clause may prohibit a party from selling, transferring, or otherwise diverting products to unauthorized markets or end-users, often to comply with regulatory, export control, or ethical standards. Its core function is to ensure that contractual obligations are strictly followed and to prevent misuse or unauthorized distribution, thereby reducing legal and compliance risks for all parties involved.
Diversion Requirement. A. Collector shall divert from landfills an amount necessary for City to achieve the legally mandated minimum of 50% diversion by CalRecycle (“Minimum Waste Diversion Rate”). Recycling of materials not collected by Collector shall be counted towards meeting this requirement. For the purposes of this Section 7.04, “diversion” shall include recycling, transformation, and other forms of converting solid waste into energy to the extent that such diversion is accepted by CalRecycle toward meeting City’s diversion goal under AB 939. If CalRecycle increases the state-mandated Minimum Waste Diversion Rate from 50% diversion to a higher percentage, Collector and City shall negotiate in good faith an equitable increase in Collector’s Service Rates. B. Collector shall calculate its Waste Diversion Rate each month and report this rate to City in a method and form reasonably specified by City. Collector acknowledges and agrees that the method and form specified by City and in effect as of the Effective Date is reasonable. C. Collector shall not utilize transformation or biomass conversion, as those terms are defined in Sections 40201 and 40106, respectively, of the California Public Resources Code, for more than the percentage of the total waste diversion that City is permitted under the Act to include in meeting the diversion requirement imposed thereby. Transformation and biomass conversion facilities utilized by Collector to report waste diversion to City shall meet the requirements of California Public Resources Code Sections 41783 and 41783.1. D. City reserves the right to require Collector to implement new or expanded programs in response to changes in state or federal laws or regulations. In such cases, Collector shall provide City with a written report which describes Collector’s plan for achieving implementing the new or expanded programs and indicates how Collector’s current service rates will be affected. If Collector proposes an increase in its current service rates, Collector shall provide City with verifiable documentation of its costs associated with the proposed implementation of the new or expanded programs. The City shall evaluate Collector’s proposal and if City finds it acceptable and determines that an adjustment of Collector’s service rates greater than that allowed in Section 5 of Exhibit A is justified, process an adjustment of Collector’s Service Rates pursuant to Section 8.08 of this Agreement. City may request that Collector provide additiona...
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Diversion Requirement. Contractor shall divert not less than fifty percent (65%) by weight of all C&D Debris it collects within the City. If Contractor fails to meet the diversion requirements during the reportable period, the City may terminate this Agreement in accordance with Section 14.
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Diversion Requirement. The Contractor shall recycle, compost or reuse
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Diversion Requirement 
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Related to Diversion Requirement

  • Notification Requirement Through and up to the conclusion of the Non-Competition Period, Executive shall give notice to the Company of each new business activity he plans to undertake, at least seven (7) days prior to beginning any such activity. Such notice shall state the name and address of the Person for whom such activity is undertaken and the nature of Executive’s business relationship(s) and position(s) with such Person.

  • Admission Requirements USERs and Participants are subject to the administrative and technical supervision and control of CONTRACTOR; and will comply with all applicable rules of CONTRACTOR and DOE with regard to admission to and use of the User facility, including safety, operating and health-physics procedures, environment protection, access to information, hours of work, and conduct. Participants shall execute any and all documents required by CONTRACTOR acknowledging and agreeing to comply with such applicable rules of CONTRACTOR. Participants will not be considered employees of CONTRACTOR for any purpose.

  • Submission Requirements Requirement Deliverable (Report Name) Due Date Submission System

  • Information Requirement The successful bidder's shall be required to advise the Office of Management and Budget, Government Support Services of the gross amount of purchases made as a result of the contract.

  • Notification Requirements 1. If the Family Leave is foreseeable, the employee must provide the agency/department with thirty (30) calendar days notice of his or her intent to take Family Leave. 2. If the event necessitating the Family Leave becomes known to the employee less than thirty (30) calendar days prior to the employee's need for Family Leave, the employee must provide as much notice as possible. In no case shall the employee provide notice later than five (5) calendar days after he or she learns of the need for Family Leave. 3. For foreseeable leave due to a qualifying exigency, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. 4. When the Family Leave is for the purpose of the scheduled medical treatment or planned medical care of a child, parent, spouse or registered domestic partner, the employee shall, to the extent practicable, schedule treatment and/or care in a way that minimizes disruption to agency/department operations.