Common use of Composting Facility Clause in Contracts

Composting Facility. Subject to the limitations described herein, the City shall have the right and the obligation during the Term hereof to designate the Designated Composting Facility, or multiple concurrent Composting Facilities, in its sole and absolute discretion. The Designated Composting Facility shall be the Marina Landfill owned by the Monterey Waste Management District. The City Manager shall have the right to designate alternative Designated Composting Facility (subject to the indemnification requirements described in Section 10.1 of this Franchise); provided, however, that if the City changes the Designated Composting Facility and delivery to the new Designated Composting Facility adds more than ten (10) miles round trip to Franchisee’s haul routes, the City and Franchisee agree to meet and confer on a reasonable adjustment to Franchisee’s compensation. The City shall notify the Franchisee in writing of any changes in, or additions to, the Designated Composting Facility. The Franchisee shall deliver all Organics which it collects to the Designated Composting Facility, in accordance with the requirements of Applicable Law, and shall comply with the requirements, rules and regulations of the owner or operator of the Designated Composting Facility. The Franchisee agrees that it shall not dispose of Organics at any disposal site, except as may be required in emergencies resulting from Uncontrollable Circumstances with the prior written approval of the City Manager. In the event the Designated Composting Facility is no longer willing or able to accept City’s Organics for Processing, the parties shall work cooperatively to identify an alternative facility subject to the provisions of Section 7.1.C. U.

Composting Facility. Subject to the limitations described herein, the City shall have the right and the obligation during the Term hereof to designate the Designated Composting Facility, or multiple concurrent Composting Facilities, in its sole and absolute discretion. The Designated Composting Facility shall be the Marina Monterey Peninsula Landfill owned by the Monterey Waste Management District. The City Manager shall have the right to designate alternative Designated Composting Facility (subject to the indemnification requirements described in Section 10.1 of this Franchise); provided, however, that if the City changes the Designated Composting Facility and delivery to the new Designated Composting Facility adds more than ten (10) miles round trip to Franchisee’s haul routes, the City and Franchisee agree to meet and confer on a reasonable adjustment to Franchisee’s compensation. The City shall notify the Franchisee in writing of any changes in, or additions to, the Designated Composting Facility. The Franchisee shall deliver all Organics which it whichit collects to the Designated Composting Facility, in accordance with the requirements of Applicable Law, and shall comply with the requirements, rules and regulations of the owner or operator of the Designated Composting Facility. The Franchisee agrees that it shall not dispose of Organics at any disposal site, except as may be required in emergencies resulting from Uncontrollable Circumstances with the prior written approval of the City Manager. In the event the Designated Composting Facility is no longer willing or able to accept or able to accept City’s Organics for Processing, the parties shall work cooperatively to identify an alternative facility subject to the provisions of Section 7.1.C. U.Until such time as an alternative facility is identified and a formal agreement for the Processing of the City’s Organics is executed, Franchisee shall not be deemed in breach of this agreement for failure to comply with and its implementing regulations except to the extent the lack of a Designated Composting Facility or alternative facility is caused by the conduct of Franchisee.