Merchant Sludge Pricing Sample Clauses

Merchant Sludge Pricing. No Merchant Sludge shall be received at the Incineration Facilities, whether pursuant to contract or the spot market, for a price of less than $160 per dry ton (net of any hauler costs), adjusted by the Adjustm ent Factor applied from Novem ber, 1999, unless approved by the Lessor and shown by the Lessee through adequate documentation to be the maximum price then reasonably obtainable in the marketplace. The Lessor shall review any such proposed con tract or tipping fee and supporting docum entation within three business days following submittal by the Lessee. If the Lessor fails to provide written notice to the Lessee of its approval by the third day following its submittal, the contract or proposed fee shall be deemed rejected by the Lessor. If the Lessor determines that the Lessee's request for a Merchant Sludge disposal fee of less than $160 per dry ton is unacceptable or such Merchant Sludge contract or fee is xxxx xx rejected as provided herein, the Lessor shall promptly send written notice to the Lessee of the basis for its disagreement or rejection. In the event of a non-concurrence by the Lessor, either party may elect to refer the dispute to Non-Binding Mediation for resolution pursuant to Section 14.12.
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Related to Merchant Sludge Pricing

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