Common use of Shifting Risk of Xxxxxx Clause in Contracts

Shifting Risk of Xxxxxx. XX does not propose to shift the burden of any of the risks associated with operating the landfills as a result of this project. In particular, any risk of failure of the proposed leachate recirculation or bioreactor systems will be borne by WM. The risks that could be shifted include: (i) impacts to media; (ii) impacts to disadvantaged communities; and (iii) financial burden of post-closure care or operation. The proposed project does not represent a shift of risk burden because: (i) the technologies involved do not transfer pollutants from one environmental media to another; (ii) there are no disadvantaged communities near the two sites; and (iii) WM will continue to assume the financial burden of all operations, and monitoring and post-closure care for the facilities. In fact, the proposed project results in decreased overall risk associated with waste management because, in the long term, the accelerated biodegradation provided by the project results in a reduced risk of potential impacts from releases of leachate or landfill gas to the environment.

Appears in 4 contracts

Samples: Final Project Agreement, Final Project Agreement, Final Project Agreement

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