Common use of Transportation and Marketing of Recyclables Clause in Contracts

Transportation and Marketing of Recyclables. The Contractor shall establish transportation and marketing arrangements for the Recycled Materials. Equipment utilized for storage and transport of materials to buyers may be owned or leased by the Contractor or the buyer. The contractor must have a material processing and marketing plan that includes at the minimum a materials handling design, equipment list, lists of markets to which materials will be sold and letter(s) of intent from said markets. The City may approve or deny, in writing, any proposed disposal of collected Recyclable Materials, in a landfill or in any manner inconsistent with the Contractor's approved material processing and marketing plan. Any disposal of recyclables inconsistent with the Contractor's marketing plan may be grounds for termination of this Agreement. 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 cost 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. In such event, the City may at its option upon five (5) days' written notice declare the Contractor to be in breach of the Agreement and the City may terminate the Agreement and declare same canceled and terminated and shall, in addition, be entitled to recover damages and take such other actions and seek other remedies as may be permitted to law.

Appears in 2 contracts

Samples: Residential Solid Waste and Recycling Collection Agreement, Residential Solid Waste and Recycling Collection Agreement

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Transportation and Marketing of Recyclables. The Contractor shall establish transportation and marketing arrangements for the Recycled Materialsrecycled materials. Equipment utilized for storage If any recyclable material has a negative market value and transport of materials to buyers may be owned or leased by the Contractor is unable to dispose of that material, despite its best efforts, without having to pay a service or disposal charge, the buyerContractor shall promptly notify the City in writing of that occurrence and provide the City with full documentation and verification of this occurrence. The contractor must have Upon such occurrence the Contractor may request a waiver from the City allowing disposal of that material processing in an approved landfill and marketing plan may also request suspension or removal of that includes at material from the minimum a materials handling design, equipment list, lists list of markets to which materials will be sold and letter(s) of intent from said marketsrecyclable materials. The City may approve approve, modify or deny, in its discretion, such a request. Any consent of the City must be in writing, and any proposed disposal of collected Recyclable Materialsrecyclable 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. Any disposal plan may, in the discretion of recyclables inconsistent with the Contractor's marketing plan may City, be grounds for termination of this AgreementContract. 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 Contractor can demonstrate to the City that said charges are substantially more than the cost 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 Contractor 'so as to make continuation of the Agreement unreasonable, then the Contractor may request the City to negotiate early termination of this Agreement. In such event, the City may at its option upon five (5) days' written notice declare the Contractor to be in breach of the Agreement and the City may terminate the Agreement and declare same canceled and terminated and shall, in addition, be entitled to recover damages and take such other actions and seek other remedies as may be permitted to law.

Appears in 2 contracts

Samples: Recycling Agreement, Recycling Agreement

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