Common use of Use of Contractor’s Facilities Clause in Contracts

Use of Contractor’s Facilities. 2634 Upon the declaration of the existence of an Emergency Condition pursuant to this Section, Contractor 2635 shall make available and relinquish to the Emergency Operator all of Contractor’s operable vehicles, 2636 equipment, and other facilities necessary or convenient for providing Collection in the Service Area. 2637 Further, Contractor shall provide the Emergency Operator access, and/or rights of access, to such transfer 2638 station facilities and/or Disposal or Processing facilities available to, or under the control of, Contractor 2639 for the transferring and disposal of Discarded Materials, and Contractor shall, to the extent it possesses 2640 rights to use such transfer, Disposal, or Processing facilities, assign such rights to the Emergency Operator 2641 for use during the existence of the Emergency Condition. Notwithstanding the foregoing provisions of this 2642 section, the use of Contractor’s vehicles, equipment, and other facilities and the assignment of rights to 2643 Contractor shall, in the case of Contractor’s insolvency, bankruptcy or other adverse financial condition, 2644 be subject to the provisions of the United States Bankruptcy Act (11 U.S.C.§§101 et seq.) to the extent 2645 applicable. During the existence of an Emergency Condition the Emergency Operator shall operate, 2646 maintain and repair, and adequately insure, without cost to Contractor, Contractor’s vehicles, equipment 2647 and other facilities used by it. Upon the cessation of the Emergency Condition the right to use such 2648 vehicles, equipment and facilities shall expire and the Emergency Operator shall return said vehicles, 2649 equipment and facilities to Contractor in a condition substantially the same as that which existed upon 2650 acquiring said vehicles, equipment and facilities, ordinary wear and tear excepted. City of Milpitas/Milpitas Sanitation, Inc. 2651

Use of Contractor’s Facilities. 2634 ‌ 3160 Upon the declaration of the existence of an Emergency Condition pursuant to this Section, Contractor 2635 3161 shall make available and relinquish to the Emergency Operator all of Contractor’s operable vehicles, 2636 3162 equipment, and other facilities necessary or convenient for providing Collection in the Service Area. 2637 3163 Further, Contractor shall provide the Emergency Operator access, and/or rights of access, to such 3164 transfer 2638 station facilities and/or Disposal or Processing facilities available to, or under the control of, 3165 Contractor 2639 for the transferring and disposal of Discarded Materials, and Contractor shall, to the extent it 3166 possesses 2640 rights to use such transfer, Disposal, or Processing facilities, assign such rights to the 3167 Emergency Operator 2641 for use during the existence of the Emergency Condition. Notwithstanding the 3168 foregoing provisions of this 2642 section, the use of Contractor’s vehicles, equipment, and other facilities and 3169 the assignment of rights to 2643 Contractor shall, in the case of Contractor’s insolvency, bankruptcy or other 3170 adverse financial condition, 2644 be subject to the provisions of the United States Bankruptcy Act (11 3171 U.S.C.§§101 et seq.) to the extent 2645 applicable. During the existence of an Emergency Condition the 3172 Emergency Operator shall operate, 2646 maintain and repair, and adequately insure, without cost to 3173 Contractor, Contractor’s vehicles, equipment 2647 and other facilities used by it. Upon the cessation of the 3174 Emergency Condition the right to use such 2648 vehicles, equipment and facilities shall expire and the 3175 Emergency Operator shall return said vehicles, 2649 equipment and facilities to Contractor in a condition 3176 substantially the same as that which existed upon 2650 acquiring said vehicles, equipment and facilities, 3177 ordinary wear and tear excepted. City of Milpitas/Milpitas Sanitation, Inc. 26513178

Use of Contractor’s Facilities. 2634 2472 Upon the declaration of the existence of an Emergency Condition pursuant to this Section, Contractor 2635 2473 shall make available and relinquish to the Emergency Operator all of Contractor’s operable vehicles, 2636 2474 equipment, and other facilities necessary or convenient for providing Collection in the Service Area. 2637 2475 Further, Contractor shall provide the Emergency Operator access, and/or rights of access, to such 2476 transfer 2638 station facilities and/or Disposal or Processing facilities available to, or under the control of, 2477 Contractor 2639 for the transferring and disposal of Discarded Materials, and Contractor shall, to the extent it 2478 possesses 2640 rights to use such transfer, Disposal, or Processing facilities, assign such rights to the 2479 Emergency Operator 2641 for use during the existence of the Emergency Condition. Notwithstanding the 2480 foregoing provisions of this 2642 section, the use of Contractor’s vehicles, equipment, and other facilities and 2481 the assignment of rights to 2643 Contractor shall, in the case of Contractor’s insolvency, bankruptcy or other 2482 adverse financial condition, 2644 be subject to the provisions of the United States Bankruptcy Act (11 2483 U.S.C.§§101 et seq.) to the extent 2645 applicable. During the existence of an Emergency Condition the 2484 Emergency Operator shall operate, 2646 maintain and repair, and adequately insure, without cost to 2485 Contractor, Contractor’s vehicles, equipment 2647 and other facilities used by it. Upon the cessation of the 2486 Emergency Condition the right to use such 2648 vehicles, equipment and facilities shall expire and the 2487 Emergency Operator shall return said vehicles, 2649 equipment and facilities to Contractor in a condition 2488 substantially the same as that which existed upon 2650 acquiring said vehicles, equipment and facilities, 2489 ordinary wear and tear excepted. City of Milpitas/Milpitas Sanitation, Inc. 26512490

Use of Contractor’s Facilities. 2634 ‌ 3386 Upon the declaration of the existence of an Emergency Condition pursuant to this Section, Contractor 2635 3387 shall make available and relinquish to the Emergency Operator all of Contractor’s operable vehicles, 2636 3388 equipment, and other facilities necessary or convenient for providing Collection in the Service Area. 2637 3389 Further, Contractor shall provide the Emergency Operator access, and/or rights of access, to such 3390 transfer 2638 station facilities and/or Disposal or Processing facilities available to, or under the control of, 3391 Contractor 2639 for the transferring and disposal of Discarded Materials, and Contractor shall, to the extent it 3392 possesses 2640 rights to use such transfer, Disposal, or Processing facilities, assign such rights to the 3393 Emergency Operator 2641 for use during the existence of the Emergency Condition. Notwithstanding the 3394 foregoing provisions of this 2642 section, the use of Contractor’s vehicles, equipment, and other facilities and 3395 the assignment of rights to 2643 Contractor shall, in the case of Contractor’s insolvency, bankruptcy or other 3396 adverse financial condition, 2644 be subject to the provisions of the United States Bankruptcy Act (11 3397 U.S.C.§§101 et seq.) to the extent 2645 applicable. During the existence of an Emergency Condition the 3398 Emergency Operator shall operate, 2646 maintain and repair, and adequately insure, without cost to 3399 Contractor, Contractor’s vehicles, equipment 2647 and other facilities used by it. Upon the cessation of the 3400 Emergency Condition the right to use such 2648 vehicles, equipment and facilities shall expire and the 3401 Emergency Operator shall return said vehicles, 2649 equipment and facilities to Contractor in a condition 3402 substantially the same as that which existed upon 2650 acquiring said vehicles, equipment and facilities, 3403 ordinary wear and tear excepted. City of Milpitas/Milpitas Sanitation, Inc. 26513404