Common use of Limitations to Exclusivity Clause in Contracts

Limitations to Exclusivity. The award of this Agreement shall not preclude the materials listed 51 below from being delivered to and Collected and Transported by others provided that nothing in 52 this Agreement is intended to or shall be construed to excuse any Person from obtaining any 53 authorization from the County which is otherwise required by law: 54 1. Recyclable Materials. Recyclable Materials that are either donated or sold, by the generator 55 of the materials, to a party other than Contractor. A mere discount or reduction in price of 56 Contractor’s charges for the handling of such materials is not a sale or donation within the 57 meaning of this Agreement. The materials shall be deemed “solid waste” within the 58 meaning of California Public Resources Code Section 40191, and for purposes of this 59 Agreement shall be regulated as such, whether or not they may be potentially recyclable, in 60 either of the following instances: (a) the material is mixed or commingled with other types 61 of solid waste, or (b) the payment of a fee, charge, or other consideration, in any form or 62 amount, is directly or indirectly solicited or received from the generator by any person or 63 combination of persons in exchange for collection, removal, transportation, storage, 64 processing, handling, consulting, container rental or disposal services (“fee for service” 65 recycling), whether or not arranged by or through a subcontractor, broker, agent, 66 consultant, or affiliate of the provider of such service;

Limitations to Exclusivity. The award of this Agreement shall not preclude the materials listed 51 52 below from being delivered to and Collected and Transported by others provided that nothing in 52 53 this Agreement is intended to or shall be construed to excuse any Person from obtaining any 53 54 authorization from the County which is otherwise required by law: 54 55 1. Recyclable Materials. Recyclable Materials that are either donated or sold, by the generator 55 56 of the materials, to a party other than Contractor. A mere discount or reduction in price of 56 57 Contractor’s charges for the handling of such materials is not a sale or donation within the 57 58 meaning of this Agreement. The materials shall be deemed “solid waste” within the 58 59 meaning of California Public Resources Code Section 40191, and for purposes of this 59 60 Agreement shall be regulated as such, whether or not they may be potentially recyclable, in 60 61 either of the following instances: (a) the material is mixed or commingled with other types 61 62 of solid waste, or (b) the payment of a fee, charge, or other consideration, in any form or 62 63 amount, is directly or indirectly solicited or received from the generator by any person or 63 64 combination of persons in exchange for collection, removal, transportation, storage, 64 65 processing, handling, consulting, container rental or disposal services (“fee for service” 65 66 recycling), whether or not arranged by or through a subcontractor, broker, agent, 66 67 consultant, or affiliate of the provider of such service; 68 2. Self-Hauled Materials. A Commercial business Owner or Resident may Dispose of materials 69 generated in or on their own Premises using their own vehicles and equipment, and, with 70 respect to a commercial business, it own employees;