Transportation and Marketing of Recyclables. The Contractor shall establish transportation and marketing arrangements for the recycled materials. If any recyclable material has a negative market value and the Contractor is unable to dispose of that material, despite its best efforts, without having to pay a service or disposal charge, the Contractor shall promptly notify the City in writing of that occurrence and provide the City with full documentation and verification of this occurrence. Upon such occurrence the Contractor may request a waiver from the City allowing disposal of that material in an approved landfill and may also request suspension or removal of that material from the list of recyclable materials. The City may approve, modify or deny, in its discretion, such a request. Any consent of the City must be in writing, and any disposal of collected recyclable materials, without such prior written consent of the City, in a landfill or in any manner inconsistent with the Contractor's approved material processing and marketing plan may, in the discretion of the City, be grounds for termination of this Contract. If the City should deny the request, the Contractor shall be required to pay the necessary service or disposal charges for the subject commodity to be accepted for recycling. If the Contractor can demonstrate to the City that said charges are substantially more than the costs of disposing of such commodity as part of its regular solid waste collection and disposal process, and that such increased costs have a material and adverse financial effect on the Contractor 'so as to make continuation of the Agreement unreasonable, then the Contractor may request the City to negotiate early termination of this Agreement.
