Common use of Amounts in Excess of Maximum Daily Quantity; Unacceptable Waste Clause in Contracts

Amounts in Excess of Maximum Daily Quantity; Unacceptable Waste. (1) Contractor may not reject any delivery of Municipal Solid Waste by or on behalf of the City, unless the Maximum Daily Quantity is exceeded or delivery occurs outside of the required operating hours as set forth in Exhibit “C”. The provisions of this subsection shall apply only to Contractor's right to reject Municipal Solid Waste and shall not abrogate any of Contractor's other obligations (including the payment of damages) under the terms of this Agreement. (2) If the City, or any person on behalf of the City, delivers Unacceptable Waste to the Designated Transfer Station(s) and/or Designated Disposal Facility(ies), the City shall be promptly notified of such delivery. The City may reload and remove the Unacceptable Waste or the City may request Contractor to dispose of such Unacceptable Waste. The City shall pay the actual, reasonable and necessary costs incurred by Contractor with respect to the proper disposal of such Unacceptable Waste. The Guaranteed Annual Quantity shall not include any Unacceptable Waste. In no event shall the City be responsible for the handling and disposal costs of any Unacceptable Waste delivered to the Designated Transfer Station(s) and/or Designated Disposal Facility(ies) unless it can be clearly demonstrated that such waste was delivered by the City or caused to be delivered by the City. (3) Nothing in this Agreement shall be construed to mean that the City guarantees the composition or quantity of any Municipal Solid Waste as it pertains to the proportion of any material contained therein. The obligations of Contractor hereunder shall not be diminished due to any variation in the composition of any Municipal Solid Waste which is delivered to the Designated Transfer Station and/or Designated Disposal Facility(ies). (4) Any Municipal Solid Waste that is delivered to the Designated Transfer Station(s) and/or Designated Disposal Facility(ies) by or on behalf of the City that is rejected without a permitted rejection right shall constitute “Wrongfully Rejected Waste”. Such Wrongfully Rejected Waste shall be transported to and disposed of at an alternate location provided by Contractor or, if Contractor fails to provide an alternate location, to a site determined by the City. The City shall use reasonable efforts to transport and dispose of any Wrongfully Rejected Waste in the most economical manner practicable, consistent with Applicable Laws and then current market conditions so as to mitigate the amount of damages payable by Contractor hereunder. (5) Contractor shall pay the City as damages the actual cost incurred by the City for the transfer, transportation and disposal of Wrongfully Rejected Waste. The City shall deliver an invoice to Contractor promptly following determination of amounts due for Wrongfully Rejected Waste, and payment shall be due within thirty (30) Days of receipt of such invoice.