Common use of Alternative Processing Facility Clause in Contracts

Alternative Processing Facility. If Franchisee becomes unable to deliver the District's Recyclable Materials and/or Organic Materials to the Approved Processing 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 and the fees then in effect under this Agreement. If Franchisee's inability to deliver the District’s Recyclable Materials and/or Organic Materials to the Approved Processing 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 approve the alternative to be used. The District shall pay for the increased cost of using an alternative facility. Franchisee shall provide notice by email to the District within forty-eight (48) hours of the use of an alternative Processing Facility. Franchisee shall, directly or through similar obligations in its subcontract(s) with facility operators, keep all existing permits and approvals necessary for use of the Approved Processing Facility in Full Regulatory Compliance. Upon request, Franchisee shall provide copies of facility permits and/or notices of violations (obtained from its Processing Facility if necessary) to District General Manager.

Alternative Processing Facility. If Franchisee becomes unable to deliver the DistrictCity's Recyclable Materials and/or Organic Materials to the an Approved Organic Materials Processing Facility(ies) Facility due to causes within its control and or which could have been avoided by the exercise of due care, the Franchisee shall arrange for it to be accepted at another Processing Facility, provided that the Franchisee provides written notice to the City, in which case Franchisee shall pay for any increased Transportation costs, any differences in the fees charged at such alternative Processing Facility and the fees then in effect under this Agreement. If Franchisee's inability to deliver the District’s Recyclable Materials and/or City's Organic Materials to the Approved Organic Materials Processing Facility(ies) 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 and District City shall have the right to approve select the alternative to be used. The District shall pay for In the increased cost event of using an alternative facility. Franchisee shall provide notice by email to emergency or sudden unforeseen closure of the District Approved Organic Materials Processing Facility, Contract shall, within forty-eight (48) hours of the emergency or sudden and unforeseen closure, provide a written description of the reasons the use of an the Approved Facility is not feasible, and the period of time Franchisee proposes to use the alternative Processing Facility. Franchisee shall, directly or through similar obligations Such a change in its subcontract(s) with facility operators, keep all existing permits Processing Facility shall be temporarily permitted until such time as the City is able to consider and approvals necessary for respond to the use of the Approved proposed alternative Processing Facility. If the use of the proposed Alternative Processing Facility in Full Regulatory Compliance. Upon request, Franchisee shall provide copies of facility permits and/or notices of violations (obtained from its Processing Facility if necessary) is anticipated to District General Manager.or actually does exceed thirty