Transportation, Disposal and Processing. Company shall Transport all Solid Waste Collected pursuant to this Agreement to an Approved Facility listed in Exhibit 2 (transfer station, MRF, processing Facility, Transformation Facility or Approved Disposal Facilities) that meets the performance requirements and regulations included in SB 1383. Company shall notify City immediately if one of the Approved Facilities fails to meet the performance requirements and regulations included in SB 1383. Company shall maintain complete, accurate and up-to-date records of the quantities of Solid Waste Transported to Solid Waste Facilities and will cooperate with City in any audits or investigations of such quantities. City reserves the right to require the use of one or more other Solid Waste Facility(ies) (whether landfill, Transformation Facility, transfer station, processing Facility or Material Recovery Facility) at a later date. City and Company will use their best efforts to obtain indemnification against CERCLA, State Environmental Laws, and related claims from the operator of the landfill or other destination City designates. In the event that City selects a Disposal Site or other Facility, City or Company is entitled to a rate adjustment to offset an increase or decrease in rates due to a change in tip fee or Transportation costs. If City directs Company to a facility other than a Solid Waste Facility selected or owned by Company, and use of this Facility adversely affects the ability of Company to meet either or both of the requirements of Section 3.8 and/or Section 8.3, City and Company shall meet and confer and mutually agree on revised obligations under Sections 3.8 and 8.3.
