Common use of Material Processing Clause in Contracts

Material Processing. 5.20.1 Franchisee shall have in place or have made arrangements for a Materials Recovery Facility or Facilities to receive and accept all deliveries of Recyclable Materials and greenwaste generated in the county. 5.20.2 Any Materials Recovery Facility used by Franchisee must be designed and constructed in accordance with all applicable state and local laws (e.g., CEQA, California Code of Regulations, etc). The Materials Recovery Facility must have all permits from Federal, State, regional and County agencies necessary for it to operate as a Material Recovery Facility and must be in full regulatory compliance with all such permits. 5.20.3 The selected Materials Recovery Facility must be authorized to accept, under its existing permit, and have sufficient uncommitted capacity to accept, all Recyclable Materials and/or greenwaste delivered to it by, or on behalf of, Franchisee for the term of this Agreement. Franchisee shall immediately notify County of any notice of breach or default received from the Materials Recovery Facility. 5.20.4 If Franchisee becomes unable to deliver County's Recyclable Materials to the Materials Recovery Facility due to causes within its control and which could have been avoided by the exercise of due care, Franchisee shall arrange for it to be accepted at another Materials Recovery Facility, in which case Franchisee shall pay for any increased transportation costs, any differences in the fees charged at such Materials Recovery Facility and the fees then in effect under this Agreement. If Franchisee's inability to deliver County's Recyclable Materials to the Materials Recovery Facility is not due to causes within its control or which could have been avoided by the exercise of due care, then Franchisee shall propose alternative Material Recovery Facilities including all related costs and County shall have the right to approve the alternative to be used. The County shall adjust Franchisee’s Board-approved rates to recognize the cost of using an alternative facility.