Emergency Bypass Waste. Force Majeure 7
Emergency Bypass Waste. Subject to this Section 3, to the extent the Authority determines that it may be unable to accept Committed Solid Waste or Committed Recyclables from Hauler at the Designated Facility, the Authority may redirect such Committed Solid Waste or Committed Recyclables (“Emergency Bypass Waste”) to another Designated Facility(ies) or Alternative Facility(ies) selected by the Authority. If such inability to accept is caused by a Force Majeure Event, such redirection shall be consented to by Hauler, which consent shall not be unreasonably withheld or delayed. Hauler may in its discretion and with prior written notice to the Authority, elect alternate arrangements at Hauler’s expense (“Alternate Arrangements”), for the disposal of Hauler’s Committed Solid Waste or Committed Recyclables necessitated by, and for the duration of any Force Majeure Event. With respect to Emergency Bypass Waste which is redirected by the Authority as the result of a Force Majeure Event and for which Xxxxxx has not elected Alternate Arrangements, and subject to the following paragraph, the Hauler shall pay the Authority the General Service Fee or applicable Discounted Service Fee, as the case may be, and the other amounts payable hereunder in the normal course and billed by the Authority. Subject to the following paragraph, any incremental costs in addition to the amounts in the preceding sentence (“Additional Costs”), incurred by the Authority in connection with its redirection of such Emergency Bypass Waste shall be paid by the Authority. The Authority shall use commercially reasonable efforts to overcome promptly any inability to accept Xxxxxx’s Acceptable Solid Waste at the Designated Waste Facility. The Authority obligation to pay Additional Costs with respect to certain Emergency Bypass Waste described in the preceding paragraph, is subject to the following conditions precedent:
(i) the Authority has obtained insurance (“Additional Costs Insurance”), with reasonable terms and conditions, and at reasonable cost (all as determined by the Authority in its sole discretion), requiring the reimbursement of the Authority for such Additional Costs, and such Additional Costs Insurance is in effect; and (ii) the Authority has received reimbursement under such Additional Cost Insurance for such Additional Costs. The Hauler shall reimburse the Authority for any and all such Additional Costs incurred by the Authority with respect to Emergency Bypass Waste which are not reimbursed through Additio...
