Remedies for Rejected Materials Sample Clauses

Remedies for Rejected Materials. 581 If Unpermitted Waste is delivered to the Landfill, Contractor shall be entitled to pursue whatever 582 remedies, if any, it may have against Person(s) bringing that Unpermitted Waste to the Landfill. In no 583 event shall the Authority or Franchise Agencies be required to bear the cost of the proper handling or 584 remediation of Unpermitted Wastes which are delivered to the Landfill. 585 4.6 Approved Facility and HHW Facility Days and Hours of Operation
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Remedies for Rejected Materials. If CONTRACTOR rejects material 555 delivered to the Transfer Station by Collection Contractor, because it contains Un-permitted 556 Material including Hazardous Materials, CONTRACTOR shall direct Collection Contractor to 557 remove and dispose of it in a safe and lawful manner, at the sole expense of the Collection 558 Contractor. In the event that Un-permitted Material is delivered to the Transfer Station, 559 CONTRACTOR shall be entitled to pursue whatever remedies, if any, it may have against 560 Collection Contractor’s bringing such Un-permitted Material to the Transfer Station, provided 561 that in no case shall CITY be considered to have brought such Un-permitted Material to the 562 Transfer Station. In the event the Collection Contractor delivers Un-permitted Materials on a 563 frequent or continuous basis and the Collection Contractor refuses to provide for the proper 564 handling and disposition of such Un-permitted Material, CONTRACTOR shall provide written 565 notice to CITY of such refusal by Collection Contractor. Nothing herein shall excuse 566 CONTRACTOR from the responsibility of handling such Un-permitted Materials in a lawful 567 manner and to arrange for the proper disposition of such materials. 568
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Remedies for Rejected Materials. If Contractor rejects material Delivered to the Facility at the time of Delivery because it contains Unpermitted Material including Hazardous Waste, Contractor shall direct the Person(s) who Delivered the Unpermitted Material to cause the removal and disposal of it in a safe and lawful manner, at the sole expense of the Person(s). In the event that Unpermitted Material is Delivered to the Facility or Site, Contractor shall be entitled to pursue whatever remedies, if any, it may have against Person(s) bringing such Unpermitted Material to the Facility provided that in no case shall the Authority be considered the Person bringing such Unpermitted Material to the Facility Nothing herein shall excuse the Contractor from the responsibility of handling such Unpermitted Materials in a lawful manner, including rejecting such materials as provided in this Section, and to arrange for the proper Disposition of such materials.
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Remedies for Rejected Materials. If Unpermitted Waste is delivered to the Landfill, Contractor 400 may reject the Unpermitted Waste and require the Person(s) bringing such Unpermitted Waste 401 to the Landfill to remove it. Contractor shall also be entitled to pursue whatever remedies, if any, 402 it may have against Person(s) bringing that Unpermitted Waste to the Landfill. If Contractor 403 identifies Unpermitted Waste delivered by Transfer Company, the Contractor may reject it and 404 require the Transfer Company to remove it. Further, the Authority’s agreement with the Transfer 405 Company will require the Transfer Company to collect, transport, and dispose of that Unpermitted 406 Waste and/or remediate any contamination resulting therefrom at Transfer Company’s expense, 407 but Contractor may not require the Authority to take those actions or pay those costs. Nothing 408 in this Agreement will excuse the Contractor from the responsibility of handling Unpermitted 409 Wastes that Contractor inadvertently accepts in a lawful manner and of arranging for the 410 disposition of that Unpermitted Waste in accordance with Applicable Law. 411 412 D. Notification. If the Contractor rejects Unpermitted Waste delivered by the Transfer Company, 413 Contractor will immediately notify the Authority verbally and then follow verbal notifications with 414 Notice identifying the date and time of occurrence; material type; material weight or volume; 415 characterization of material; the Contractor’s reason for rejection of the delivered material; and, 416 the vehicle that delivered the material.
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Remedies for Rejected Materials. If a Hazardous Substance is delivered to an Approved Facility by Contractor, the Approved Facility Operator shall promptly inform Contractor to coordinate efforts to determine the source of the Hazardous Substance. Contractor and Approved Facility Operator shall be entitled to pursue whatever remedies, if any, they may have against the Generator of the Hazardous Substance.
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Remedies for Rejected Materials. If Unpermitted Waste is Delivered to the Approved Processing Facilities, Contractor shall be entitled to pursue whatever remedies, if any, it may have against Person(s) bringing that Unpermitted Waste to the Approved Processing Facility. If Contractor identifies Unpermitted Waste Delivered to the Approved Processing Facility from the Franchised Collector, Contractor shall notify the City and Franchised Collector and, in accordance with 6.1.D below, the Franchised Collector shall Collect, Transport, and Recycle or Dispose of that Unpermitted Waste and/or remediate any contamination resulting there from at the Franchised Collector expense. Upon notification by Contractor, City shall have the option to require Contractor to Recycle or Dispose of the Unpermitted Waste and/or remediate any contamination resulting there from on Franchised Collector’s behalf and Franchised Collector shall pay the Direct Costs for such service.
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Related to Remedies for Rejected Materials

  • WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES 6.1 Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services).

  • Representations Warranties Exclusive Remedies and Disclaimers 10. Mutual Indemnification

  • Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both the Agency and the Contractor to communicate with each in as clear and complete a manner as possible. If at any time during the term of this contract the Agency or the Contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that the Agency has the right to issue unilateral addendums to this contract, but the Contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, the Agency shall retain the right to, if conditions warrant, require the Contractor to respond in a shorter period of time). Further, the Agency shall, at a minimum, employ the following steps in dealing with the Contractor as to any performance issues:

  • Limitation of Remedies and Damages In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

  • Limitation Remedies and Damages Neither Party shall be liable to the other for any consequential, indirect or special damages to persons or property whether arising in tort, contract or otherwise, by reason of this Agreement or any services performed or undertaken to be performed hereunder.

  • The Contracts (Rights of Third Parties) Xxx 0000 A person who is not party to this Contract has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Contract but this does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

  • Sole and Exclusive Remedy Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, if this Agreement is validly terminated pursuant to Section 8.1, Parent’s receipt of the Termination Fee to the extent owed pursuant to Section 8.3(b) and any amounts owed pursuant to Section 8.3(d), and Parent’s right to seek specific performance pursuant to Section 9.10 (subject to the limitations set forth in Section 9.10), will be the sole and exclusive remedies of Parent and Merger Sub against (A) the Company and its Subsidiaries; and (B) the former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the Company, its Subsidiaries and each of their respective Affiliates and former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the foregoing (the Persons in clauses (A) and (B) collectively, the “Company Related Parties”) in respect of this Agreement and the Transactions. Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, upon payment of the Termination Fee to Parent or its designee, none of the Company Related Parties will have any further monetary liability or obligation to (A) Parent or Merger Sub; or (B) the former, current and future direct or indirect holders of any equity, controlling persons, Representatives, Affiliates (other than Parent or Merger Sub), members, managers, general or limited partners, stockholders and assignees of each of Parent and Merger Sub (the Persons in clauses (A) and (B) collectively, the “Parent Related Parties”) relating to or arising out of this Agreement or the Transactions (except that the Company and its Subsidiaries (or their Affiliates) will remain obligated with respect to, and Parent and Merger Sub may be entitled to remedies with respect to, the Confidentiality Agreement, Section 8.3(a) (with respect to the expenses of the Company) and Section 8.3(d), as applicable.

  • Exclusive Remedies Subject to Section 9.12, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from intentional fraud on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under the law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their affiliates and each of their respective representatives arising under or based upon any law, rule or regulation, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.05 shall limit any person’s right to seek and obtain any equitable relief to which any person shall be entitled pursuant to Section 9.12 or to seek any remedy on account of any intentional fraud by any party hereto.

  • Specific Restrictions on Use of Licensed Materials Unauthorized Use. Licensee shall not knowingly permit anyone other than Authorized Users to use the Licensed Materials.

  • LIMITATION OF REMEDIES AND LIABILITY A. SM is solely responsible for all maintenance services that SM performs. HP is not liable for any damage to HP Products repaired by SM, whether in or out of warranty. In addition, HP is not responsible for the quality or punctuality of repairs made by SM.

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