Common use of Alternative Processing Facility Clause in Contracts

Alternative Processing Facility. If Franchisee becomes unable to deliver the City’s Recyclable Materials to the Approved Processing Facility due to causes within its control and which could have been avoided by the exercise of due care, the Franchisee shall arrange for it to be accepted at another Processing Facility, in which case Franchisee shall pay for any increased Transportation costs, any differences in the fees charged at such Processing Facility, and the fees then in effect under this Agreement. If Franchisee’s inability to deliver the City’s Recyclable Materials to the Approved Recyclable Materials Processing Facility is not due to causes within its control or which could have been avoided by the exercise of due care, then Franchisee shall propose alternative Processing Facilities including all related costs to the City and City shall select the alternative to be used. Within forty-eight (48) hours of an emergency or sudden and unforeseen closure at the Approved Recyclable Materials Processing Facility, the Franchisee shall provide a written description of the reasons the use of the Approved Facility is not feasible, and the period of time Franchisee proposes to use an alternative Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City is able to consider and respond to the use of the proposed alternative Processing Facility. If the use of the proposed Alternative Processing Facility is anticipated to or actually does exceed thirty (30) calendar days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the City. The City may, in its sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed Alternative Processing Facility. If the City disapproves the use of the proposed Alternative Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility.

Alternative Processing Facility. A. If Franchisee becomes Contractor is unable to deliver the City’s Recyclable Materials to use the Approved Processing Facility Facility(ies) due to causes within its control and which could have been avoided by an event that meets the exercise requirements for excusing Contractor from performance of due carethis specific obligation as described in Section 12.3, the Franchisee Contractor shall arrange for it to be accepted at another Processing Facility, in which case Franchisee shall pay for any increased Transportation costs, any differences in the fees charged at such Processing Facility, and the fees then in effect under this Agreement. If Franchisee’s inability to deliver the City’s Recyclable Materials to the Approved Recyclable Materials use an Alternative Processing Facility is not due provided that the Contractor provides written notice to causes within its control or which could have been avoided by the exercise of due care, then Franchisee shall propose alternative Processing Facilities including all related costs to the City and City shall select the alternative to be usedDistrict General Manager. Within forty-eight (48) hours of an emergency or sudden and unforeseen closure at the Approved Recyclable Materials Processing Facilityclosure, the Franchisee Contractor shall provide a written description of the reasons the use of the Approved Facility is not feasible, and the period of time Franchisee Contractor proposes to use an alternative the Alternative Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City District General Manager is able to consider and respond to the use of the proposed alternative Processing Facility. If the use of the proposed Alternative Processing Facility is anticipated to or actually does exceed thirty (30) calendar days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the CityDistrict General Manager. The City District General Manager may, in its their sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed Alternative Processing Facility. If the City District disapproves the use of the proposed Alternative Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility. B. If Contractor becomes unable to deliver District’s Discarded Materials to any Approved Facility due to causes within its control and which could have been avoided by the exercise of due care, Contractor shall arrange for it to be accepted at another Facility, in which case Contractor shall pay for any increased Transportation costs, any differences in the fees charged at such Facility and the fees then in effect under this Agreement. If Contractor’s inability to deliver District’s Recyclable and/or Organic Materials to the Approved Recyclable Materials and/or Organics Processing Facilities is not due to causes within its control or which could have been avoided by the exercise of due care, then Contractor shall propose alternative Processing and/or Disposal Facilities including all related costs and District shall, after conducting reasonable due diligence with regard to such alternative facility, have the right to approve the alternative to be used. District shall pay for the increased cost of using an alternative facility.

Alternative Processing Facility. If Franchisee becomes unable to deliver the City’s Recyclable Materials to the Approved Processing Facility due to causes within its control and which could have been avoided by the exercise of due care, the Franchisee shall arrange for it to be accepted at another Processing Facility, in which case Franchisee shall pay for any increased Transportation costs, any differences in the fees charged at such Processing Facility, and the fees then in effect under this Agreement. If Franchisee’s inability to deliver the City’s Recyclable Materials to the Approved Recyclable Materials Processing Facility is not due to causes within its control or which could have been avoided by the exercise of due care, then Franchisee shall propose alternative Processing Facilities including all related costs to the City and City shall select the alternative to be used. Within forty-eight (48) hours of an emergency or sudden and unforeseen closure at the Approved Recyclable Materials Processing Facility, the Franchisee shall provide a written description of the reasons the use of the Approved Facility is not feasible, and the period of time Franchisee proposes to use an alternative Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City is able to consider and respond to the use of the proposed alternative Processing Facility. If the use of the proposed Alternative Processing Facility is anticipated to or actually does exceed thirty (30) calendar days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the City. The City may, in its sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed Alternative Processing Facility. If the City disapproves the use of the proposed Alternative Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility.

Alternative Processing Facility. If Franchisee becomes unable to deliver the City’s Recyclable Materials to the Approved Processing Facility due to causes within its control and which could have been avoided by the exercise of due care, the Franchisee shall arrange for it to be accepted at another Processing Facility, in which case Franchisee shall pay for any increased Transportation costs, any differences in the fees charged at such Processing Facility, and the fees then in effect under this Agreement. If Franchisee’s inability to deliver the City’s Recyclable Materials to the Approved Recyclable Materials Processing Facility is not due to causes within its control or which could have been avoided by the exercise of due care, then Franchisee shall propose alternative Processing Facilities including all related costs to the City and City shall select the alternative to be used. Within forty-forty- eight (48) hours of an emergency or sudden and unforeseen closure at the Approved Recyclable Materials Processing Facility, the Franchisee shall provide a written description of the reasons the use of the Approved Facility is not feasible, and the period of time Franchisee proposes to use an alternative Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City is able to consider and respond to the use of the proposed alternative Processing Facility. If the use of the proposed Alternative Processing Facility is anticipated to or actually does exceed thirty (30) calendar days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the City. The City may, in its sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed Alternative Processing Facility. If the City disapproves the use of the proposed Alternative Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility.

Alternative Processing Facility. If Franchisee Contractor becomes unable to deliver the City’s Recyclable 's Organic Materials to the an Approved Organic Materials Processing Facility due to causes within its control and or which could have been avoided by the exercise of due care, the Franchisee Contractor shall arrange for it to be accepted at another Processing Facility, provided that the Contractor provides written notice to the City, in which case Franchisee Contractor shall pay for any increased Transportation costs, any differences in the fees charged at such alternative Processing Facility, Facility and the fees then in effect under this Agreement. If Franchisee’s Contractor's inability to deliver the City’s Recyclable 's Organic Materials to the Approved Recyclable Organic Materials Processing Facility is not due to causes within its control or which could have been avoided by the exercise of due care, then Franchisee Contractor shall propose alternative Processing Facilities including all related costs to the City and City shall select the alternative to be used. Within In the event of an emergency or sudden unforeseen closure of the Approved Organic Materials Processing Facility, Contract shall, within forty-eight (48) hours of an the emergency or sudden and unforeseen closure at the Approved Recyclable Materials Processing Facilityclosure, the Franchisee shall provide a written description of the reasons the use of the Approved Facility is not feasible, and the period of time Franchisee Contractor proposes to use an the alternative Processing Facility. Such a change in Processing Facility shall be temporarily permitted until such time as the City is able to consider and respond to the use of the proposed alternative Processing Facility. If the use of the proposed Alternative Processing Facility is anticipated to or actually does exceed thirty (30) calendar days in a consecutive twelve (12) month period, the use of such Processing Facility shall be subject to approval by the City. The City may, may in its sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed Alternative Processing Facility. If the City disapproves the use of the proposed Alternative alternative Processing Facility, the Parties shall meet and confer to determine an acceptable Processing Facility.

Alternative Processing Facility. If Franchisee becomes unable to deliver the City’s District's Recyclable Materials and/or Organic Materials to the Approved Processing Facility Facility(ies) due to causes within its control and which could have been avoided by the exercise of due care, the Franchisee shall arrange for it to be accepted at another Processing Facility, in which case Franchisee shall pay for any increased Transportation costs, any differences in the fees charged at such Processing Facility, Facility and the fees then in effect under this Agreement. If Franchisee’s 's inability to deliver the CityDistrict’s Recyclable Materials and/or Organic Materials to the Approved Recyclable Materials Processing Facility Facility(ies) is not due to causes within its control or which could have been avoided by the exercise of due care, then Franchisee shall propose alternative Processing Facilities including all related costs and District shall have the right to the City and City shall select approve the alternative to be used. Within In the event Franchisee's costs increase as a result of the Franchisee’s delivery of Recyclable Materials and/or Organic Materials to the alternative Processing Facility, when such delivery is not due to causes within its control or which could have been avoided by the exercise of due care, either Franchisee or District may request an adjustment in Collection rates which adjustment shall be effective at the time Franchisee’s delivery of Recyclable Materials and/or Organic Materials to the alternative Processing Facility begins. District will not unreasonably deny any such adjustment. In the event Franchisee receives any additional compensation for the value, if any, of the Recyclable Materials and/or Organic Materials Processed in such a manner, such compensation shall be Second Amendment to Solid Waste and Recycling Franchise Agreement considered in connection with future rate adjustments. Franchisee shall provide notice by email to the District within forty-eight (48) hours of an emergency or sudden and unforeseen closure at the Approved Recyclable Materials Processing Facility, the Franchisee shall provide a written description of the reasons the use of the Approved Facility is not feasible, and the period of time Franchisee proposes to use an alternative Processing Facility. Such a change Franchisee shall, directly or through similar obligations in Processing Facility shall be temporarily permitted until such time as the City is able to consider its subcontract(s) with facility operators, keep all existing permits and respond to the approvals necessary for use of the proposed alternative Processing Facility. If the use of the proposed Alternative Approved Processing Facility is anticipated to or actually does exceed thirty in full regulatory compliance. Upon request, Franchisee shall provide copies of facility permits and/or notices of violations (30) calendar days in a consecutive twelve (12) month period, the use of such obtained from its Processing Facility shall be subject if necessary) to approval by the City. The City may, in its sole discretion, approve, conditionally approve, temporarily approve, or disapprove of the use of the proposed Alternative Processing Facility. If the City disapproves the use of the proposed Alternative Processing Facility, the Parties shall meet and confer to determine an acceptable Processing FacilityDistrict Manager.