Common use of Excluded Waste Clause in Contracts

Excluded Waste. (a) Contractor has no obligation to collect Excluded Waste pursuant to this Contract. Unless otherwise provided in this Contract, City has no obligation to pay Contractor for the collection of Excluded Waste. (b) If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire bin, container, bag, or bundle of waste containing the Excluded Waste. Contractor shall contact City upon the discovery of Excluded Waste that has been placed for collection. City shall be responsible for taking any appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. (c) If any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery, and disposal of such Excluded Waste. City will reasonably assist Contractor in determining the identity of the depositor or generator of the Excluded Waste to enable Contractor to collect from the depositor or generator the cost incurred by Contractor in connection with such Excluded Waste. (d) Contractor releases and holds City harmless from any liability for any cost incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be deposited or generated by City.

Excluded Waste. (a) Contractor has no obligation to collect Excluded Waste pursuant to this Contract. Unless otherwise provided in this Contract, City has no obligation to pay Contractor for the collection of Excluded Waste. (b) If Excluded Waste is discovered before acknowledges that it is collected by Contractor, Contractor may refuse to collect responsible for compliance during the entire bin, container, bag, or bundle Term of waste containing the Excluded Wastethis Agreement with all Applicable Laws. Contractor shall contact City upon the discovery not store, Transport, use, or Dispose of Excluded Waste that has been placed for collection. City shall be responsible for taking any appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. (c) If any Excluded Waste is not discovered by except in strict compliance with all Applicable Laws. If Contractor before it is collected, Contractor may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a location authorized to accept such negligently or willfully mishandles Excluded Waste in accordance with the course of carrying out its activities under this Agreement, Contractor shall at its sole expense promptly take all applicable laws and charge investigatory and/or remedial action reasonably required for the generator remediation of such Excluded Waste all direct environmental contamination. Prior to undertaking any investigatory or remedial action, however, Contractor shall first obtain City’s approval of any proposed investigatory or remedial action. Should Contractor fail at any time to promptly take such action, City may undertake such action at Contractor’s sole cost and indirect costs incurred due to removal, remediation, handling, transportation, deliveryexpense, and disposal Contractor shall reimburse City for all such expenses within thirty (30) calendar days of such Excluded Wastebeing billed for those expenses, and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed delinquent and subject to the delinquent fee payment provision of Section 7.6. City will reasonably assist These obligations are in addition to any defense and indemnity obligations that Contractor in determining may have under this Agreement. Notwithstanding the identity of the depositor or generator of the Excluded Waste foregoing, Contractor’s duties under this subsection shall not extend to enable Contractor to collect any claims arising from the depositor Disposal of Solid Waste at the Designated Disposal Facility, including, but not limited to, claims arising under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or generator the cost incurred by Contractor in connection with such Excluded Wastewillful misconduct. (d) Contractor releases and holds City harmless from any liability for any cost incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be deposited or generated by City.

Excluded Waste. (a) Contractor has no obligation to collect Excluded Waste pursuant to this Contract. Unless otherwise provided in this Contract, City has no obligation to pay Contractor for the collection of Excluded Waste. (b) If Excluded Waste is discovered before it is collected by ContractorCompany, Contractor Company may refuse to collect the entire bin, container, bag, or bundle of waste containing Waste Container that contains the Excluded Waste. Contractor In such situations, Company shall contact the City upon and the discovery of Excluded Waste that has been placed for collection. City shall be responsible for taking any promptly undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. (c) If any . In the event Excluded Waste is present but not discovered until after it has been collected by Contractor before it is collectedCompany, Contractor Company may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a location facility authorized to accept such Excluded Waste in accordance with all applicable laws Applicable Law and charge the depositor or generator of such Excluded Waste for all direct and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and disposal of such Excluded Waste. The City will reasonably assist Contractor in determining shall provide all reasonable assistance to Company to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste to enable Contractor and to collect from the depositor or generator the cost costs incurred by Contractor Company in connection with such Excluded Waste. (d) Contractor releases and holds . Subject to the City’s providing all such reasonable assistance to Company, Company shall release City harmless from any liability for any cost such costs incurred by Contractor Company in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be deposited or generated by attributed to the City.

Excluded Waste. (a) Contractor has no obligation to collect Excluded Waste pursuant to this Contract. Unless otherwise provided in this Contract, City has no obligation to pay Contractor for the collection of Excluded Waste. (b) If Excluded Waste is discovered before it is collected by ContractorCompany, Contractor Company may refuse to collect the entire bin, container, bag, or bundle of waste containing Waste Container that contains the Excluded Waste. Contractor In such situations, Company shall contact City upon the discovery of Excluded Waste that has been placed for collection. City Town and the Town shall be responsible for taking any promptly undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. (c) If any . In the event Excluded Waste is present but not discovered until after it has been collected by Contractor before it is collectedCompany, Contractor Company may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a location facility authorized to accept such Excluded Waste in accordance with all applicable laws Applicable Law and charge the depositor or generator of such Excluded Waste for all direct and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and disposal of such Excluded Waste. City will reasonably assist Contractor in determining The Town shall provide all reasonable assistance to Company to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste to enable Contractor and to collect from the depositor or generator the cost costs incurred by Contractor Company in connection with such Excluded Waste. (d) Contractor releases and holds City harmless . Subject to the Town’s providing all such reasonable assistance to Company, Company shall release Town from any liability for any cost such costs incurred by Contractor Company in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be deposited or generated by Cityattributed to the Town.

Excluded Waste. (a) Contractor has no obligation to collect Excluded Waste pursuant to this Contract. Unless otherwise provided in this Contract, City has no obligation to pay Contractor for the collection of Excluded Waste. (b) If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire binBin, containerContainer, bagBag or Bundle of waste. In such situations, or bundle of waste containing the Excluded Waste. Contractor shall contact the City upon and the discovery of Excluded Waste that has been placed for collection. City shall be responsible for taking any undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. (c) If waste. In the event any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport, transport and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the depositor or generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery, delivery and disposal of such Excluded Waste. The City will reasonably assist shall provide all reasonable assistance to Contractor in determining to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste to enable Contractor and to collect from the depositor or generator the cost costs incurred by Contractor in connection with such Excluded Waste. (d) . Subject to the City’s providing all such reasonable assistance to Contractor, Contractor releases and holds shall release City harmless from any liability for any cost such costs incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be deposited or generated by attributed to the City.

Excluded Waste. (a) Contractor has no obligation to collect Excluded Waste pursuant to this Contract. Unless otherwise provided in this Contract, City has no obligation to pay Contractor for the collection of Excluded Waste. (b) If Excluded Waste is discovered before it is collected by ContractorCompany, Contractor Company may refuse to collect the entire bin, container, bag, or bundle of waste containing container that contains the Excluded Waste. Contractor In such situations, Company shall contact the City upon and the discovery of Excluded Waste that has been placed for collection. City shall be responsible for taking any promptly undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the Excluded Waste. (c) If any . In the event Excluded Waste is present but not discovered until after it has been collected by Contractor before it is collectedCompany, Contractor Company may, in its sole discretion, remove, transport, and dispose of such Excluded Waste at a location facility authorized to accept such Excluded Waste in accordance with all applicable laws and Applicable Law and, in Company’s sole discretion, charge the City, depositor or generator of such Excluded Waste for all direct and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and disposal of such Excluded Waste. The City will reasonably assist Contractor in determining shall provide all reasonable assistance to Company to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste to enable Contractor and to collect from the depositor or generator the cost costs incurred by Contractor Company in connection with such Excluded Waste. (d) Contractor releases and holds . Subject to the City’s providing all such reasonable assistance to Company, Company shall release City harmless from any liability for any cost such costs incurred by Contractor Company in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be deposited or generated by attributed to the City.