Common use of COMMINGLING OF MATERIALS Clause in Contracts

COMMINGLING OF MATERIALS. A. Residential Clean-Out material and C&D Debris may only be collected as specified in written rules promulgated by the CITY’s ESD Director. B. FRANCHISEE shall keep all Residential Clean-Out Material and C&D Debris collected pursuant to this AGREEMENT separate from other solid waste during any time the material is collected or transported by FRANCHISEE. FRANCHISEE shall ascertain that all Residential Clean-Out material and C&D T-25893\960607 Agenda: 4/30/13 - 7 - Item: 7.2c1 American Portables Debris stored, collected or transported by FRANCHISEE pursuant to this AGREEMENT is free of all but incidental contamination, as specified in the written rules promulgated by the City’s ESD Director. In the event FRANCHISEE collects Residential Clean-Out Material and/or C&D Debris that has been stored with other solid waste and is not free of all but incidental contamination, such collected material shall be deemed to be commercial solid waste and shall be subject to all franchise fees and SRR Fees described in this AGREEMENT. Upon the request of said Director, FRANCHISEE shall provide written documentation that materials collected by FRANCHISEE are, in fact, being recycled within the meaning of Chapter 9.10 of the San ▇▇▇▇ Municipal Code.

COMMINGLING OF MATERIALS. A. Residential Clean-Out material and C&D Debris may only be collected as specified in written rules promulgated by the CITY’s ESD Director. B. FRANCHISEE shall keep all Residential Clean-Out Material and C&D Debris collected pursuant to this AGREEMENT separate from other solid waste during any time the material is collected or transported by FRANCHISEE. FRANCHISEE shall ascertain that all Residential Clean-Out material and C&D T-25893\960607 Agenda: 4/30/13 - 7 - Item: 7.2c1 American Portables Debris stored, collected or transported by FRANCHISEE pursuant to this T-25893\960609 Agenda: 4/30/13 - 7 - Item: 7.2c2 Best Deal Transport LLC AGREEMENT is free of all but incidental contamination, as specified in the written rules promulgated by the City’s ESD Director. In the event FRANCHISEE collects Residential Clean-Out Material and/or C&D Debris that has been stored with other solid waste and is not free of all but incidental contamination, such collected material shall be deemed to be commercial solid waste and shall be subject to all franchise fees and SRR Fees described in this AGREEMENT. Upon the request of said Director, FRANCHISEE shall provide written documentation that materials collected by FRANCHISEE are, in fact, being recycled within the meaning of Chapter 9.10 of the San ▇▇▇▇ Municipal Code.