Wrongfully Refused Waste Sample Clauses

Wrongfully Refused Waste. The Non-Performance Payment for Wrongfully Refused Waste is equal to the greater of: (i) zero (0); or (ii) difference between (x), where (x) is the sum of (1), (2), (3), and (4) below; and (y), where (y) is the sum of the additional Service Fee and additional Supplemental Electrical Compensation that the Contractor would have received and the Process Residue haul and disposal costs the Agency would have incurred if the Wrongfully Refused Waste was accepted and processed by the Contractor. 1. Any additional reasonable costs or expenses incurred by the Agency resulting from the failure of the Contractor to accept and process the Wrongfully Refused Waste, including, any incremental costs, damages, fees, or reimbursements paid by the Agency to haulers or incurred directly by the Agency to haul and dispose of waste elsewhere and any damages, incremental fees or other charges incurred by the Agency for failure to meet any obligation under the Power Sales Agreement or a Recovered Materials agreement; 2. All lost tip fee revenues equal to the number of Tons of Wrongfully Refused Waste times the average tip fee the Agency charged its customers during the period; 3. One hundred percent (100%) of the electricity sales revenues the Agency would have received had the Wrongfully Refused Waste been accepted and processed by the Contractor; and 4. One hundred percent (100%) of the Net Recovered Material Revenues the Agency would have received had the Wrongfully Refused Waste been accepted and processed by the Contractor. 5. The calculation of the Non-Performance Payment for Wrongfully Refused Waste shall be based on (i) the assumed average kilowatt hours of electricity sold per Ton of Wrongfully Refused Waste during the applicable period, being the greater of the actual kilowatt hours of electricity sold during the period divided by the Total Processed Tonnage for the period, or the Net Electrical Generation Guarantee of 307 kWh per Ton; (ii) the assumed average ferrous metal sold per Ton of Wrongfully Refused Waste during the applicable period being equal to the greater of the actual Tons of ferrous metal recovered during the period divided by the Total Processed Tonnage for the period, or 0.04 ; and (iii) the assumed wet Tons of Process Residue per Ton of Wrongfully Refused Waste shall be the lesser of the actual wet Tons of Process Residue disposed of during the period divided by the Total Processed Tonnage for the period, or 0.32 Tons. For clarity, this means that the...
Sample 1
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Wrongfully Refused Waste. If the Net Agency Tons for the Contract Year are greater than or equal to the Guaranteed Facility Throughput, then the Non- Performance Payment for Wrongfully Refused Waste for the Contract Year is equal to zero (0) and the Agency will reimburse the Contractor all of the monthly Non-Performance Payments for Wrongfully Refused Waste that were made by the Contractor pursuant to Article 6.3.3(a) during the Contract Year.
Sample 1

Related to Wrongfully Refused Waste

  • TOXIC SUBSTANCES Each Contractor furnishing a toxic substance as defined by Section 875 of the Labor Law, shall provide such Authorized User with not less than two copies of a material safety data sheet, which sheet shall include for each such substance the information outlined in Section 876 of the Labor Law. Before any chemical product is used or applied on or in any building, a copy of the product label and Material Safety Data Sheet must be provided to and approved by the Authorized User agency representative.

  • Explosives Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

  • Materials of Environmental Concern have not been transported or disposed of from the Properties in violation of, or in a manner or to a location that could give rise to liability under, any Environmental Law, nor have any Materials of Environmental Concern been generated, treated, stored or disposed of at, on or under any of the Properties in violation of, or in a manner that could give rise to liability under, any applicable Environmental Law;

  • No Waste The Lessee shall not commit or suffer to be committed any waste on, in or under the Leased Property, nor shall the Lessee cause or permit any nuisance thereon.

  • Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

  • Solid Waste Solid Waste collection shall be pursuant to Town regulations.

  • Environmental Tobacco Smoke Public Law 103-227 (also known as the Pro-Children Act of 1994) and Vermont’s Act 135 (2014) (An act relating to smoking in lodging establishments, hospitals, and child care facilities, and on State lands) restrict the use of tobacco products in certain settings. Party shall ensure that no person is permitted: (i) to use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoor and outdoor, of any licensed child care center or afterschool program at any time; (ii) to use tobacco products or tobacco substitutes on the premises, both indoor and in any outdoor area designated for child care, health or day care services, kindergarten, pre-kindergarten, elementary, or secondary education or library services; and (iii) to use tobacco products or tobacco substitutes on the premises of a licensed or registered family child care home while children are present and in care. Party will refrain from promoting the use of tobacco products for all clients and from making tobacco products available to minors. Failure to comply with the provisions of the federal law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The federal Pro-Children Act of 1994, however, does not apply to portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, & Children (WIC) coupons are redeemed.

  • Hazardous Wastes In the event that the Mortgaged Property, related to a Mortgage Loan which is being considered for liquidation by foreclosure or the transfer of a deed-in-lieu of foreclosure, contains, and the Servicer has reason to believe that it contains, hazardous or regulated substances which may impose liability, for damages, remediation or otherwise, upon the owner of such Mortgaged Property pursuant to Federal, State or local law, the Servicer shall not, except with the express prior written approval of the Master Servicer, which approval makes specific reference to the presence of such hazardous or regulated substances, undertake or continue the process of foreclosure with respect to such Mortgaged Property.

  • Hazardous Waste The term “Hazardous Substances,” as used in this Lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any “Environmental Law,” which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi-governmental authority relating to the pollution or protection of the environment. Tenant hereby agrees that (i) no activity will be conducted on the Premises that will produce any Hazardous Substances; (ii) the Premises will not be used in any manner for the storage of any Hazardous Substances; (iii) no portion of the Premises will be used as a landfill or a dump; (iv) Tenant will not install any underground tanks of any type; (v) Tenant will not allow any surface of subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (vi) Tenant will not permit any hazardous Substances to be brought onto the Premises, and if so brought thereon, then the same shall be immediately removed with proper disposal, and all required clean-up procedures shall be diligently undertaken pursuant to all Environmental Laws. Landlord or Landlord’s representative shall have the right but not the obligation to enter the Premises upon reasonable notice except in case of an emergency for the purpose of ensuring compliance with all Environmental Laws. If Tenant so contaminates the Premises, then Tenant shall promptly and diligently institute proper and thorough clean-up procedures at Tenant’s sole cost, and Tenant hereby indemnifies and holds Landlord harmless from and against all claims, demands, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of Tenant’s failure to comply with this Paragraph 48. The foregoing indemnification and the responsibilities of Tenant shall survive the expiration or earlier termination of this Lease.

  • Garbage Disposal You are responsible for ensuring Your and Your guests’ rubbish is removed from the Room, Building and Common Property in a timely manner and properly deposited in the communal rubbish areas allocated by Us for collection. You must use all garbage chutes according to pasted instructions near chutes.

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