Common use of Expectations Clause in Contracts

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties that it should remain in effect through the expected duration of 10 years, and be implemented as fully as possible unless one of the conditions below occur: 1. Failure by any party to: (i) comply with the provisions of the enforceable implementing mechanisms for this Project; or (ii) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. Failure of any party to disclose material facts during development of the Agreement. 3. Failure of the Project to provide superior environmental performance consistent with the provisions of this Agreement. 4. Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA and VADEQ do not intend to withdraw from the Agreement if WM does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and duration into account. WM will be given notice and a reasonable opportunity to remedy any “substantial failure” before WM’s withdrawal. If there is a disagreement between the parties over whether a “substantial failure” exists, the parties will use the dispute resolution mechanism identified in Section 10 of this Agreement. WM, the USEPA, and all applicable local agencies retain their discretion to use existing enforcement authorities, including withdrawal or termination of this Project, as appropriate. WM retains any existing rights or abilities to defend itself against any enforcement actions, in accordance with applicable procedures.

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties that it should remain in effect through the expected duration of 10 5 years, and be implemented as fully as possible unless one of the conditions below occuroccurs: 1. Failure by any party to: to (ia) comply with the provisions of the enforceable implementing mechanisms for this Project; , or (iib) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. Failure of any party to disclose material facts during development of the Agreement. 3. Failure of the Project to provide superior environmental performance consistent with the provisions of this Agreement. 4. Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA EPA, the state of California, and VADEQ all applicable local agencies do not intend to withdraw from the Agreement if WM Yolo county does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and duration into account. WM Yolo county will be given notice and a reasonable opportunity to remedy any “substantial failure” before WMEPA’s withdrawal. If there is a disagreement between the parties over whether a “substantial failure” exists, the parties will use the dispute resolution mechanism identified in Section 10 X of this Agreement. WMEPA, the USEPAState of California, and all applicable local agencies retain their discretion to use existing enforcement authorities, including withdrawal or termination of this Project, as appropriate. WM Yolo county retains any existing rights or abilities to defend itself against any enforcement actions, in accordance with applicable procedures.

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties Parties that it should remain in effect through the expected duration of 10 three years, and be implemented as fully as possible unless one of the conditions below occuroccurs: 1. Failure by any party to: to (ia) comply with the provisions of the enforceable implementing mechanisms for this Project; , or (iib) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. Failure of any party to disclose material facts during development of the Agreement. 3. Failure of the Project to provide superior environmental performance SEP consistent with the provisions of this Agreement. 4. Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA and VADEQ do EPA does not intend to withdraw from the Agreement if WM UEP does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and failure s naturenda duration into account. WM UEP will be given notice and a reasonable opportunity to remedy any “substantial failure” failure before WM’s EPA s withdrawal. If there is a disagreement between the parties Parties over whether a “substantial failure” failure exists, the parties Parties will use the dispute resolution dispustoelruetion mechanism identified in Section 10 X of this Agreement. WM, the USEPA, and all applicable local agencies retain their EPA retains its discretion to use existing enforcement authorities, including withdrawal or termination of this Project, as appropriate. WM UEP retains any existing rights or abilities to defend itself themselves against any enforcement actions, in accordance with applicable procedures.

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties Parties that it should remain in effect through the expected duration of 10 three years, and be implemented as fully as possible unless one of the conditions below occuroccurs: 1. Failure by any party to: to (ia) comply with the provisions of the enforceable implementing mechanisms for this Project; , or (iib) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. Failure of any party to disclose material facts during development of the Agreement. 3. Failure of the Project to provide superior environmental performance SEP consistent with the provisions of this Agreement. 4. Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA and VADEQ do EPA does not intend to withdraw from the Agreement if WM PPG does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and duration into account. WM PPG will be given notice and a reasonable opportunity to remedy any “substantial failure” before WMEPA’s withdrawal. If there is a disagreement between the parties Parties over whether a “substantial failure” exists, the parties Parties will use the dispute resolution mechanism identified in Section 10 X of this Agreement. WM, the USEPA, and all applicable local agencies retain their EPA retains its discretion to use existing enforcement authorities, including withdrawal or termination of this Project, as appropriate. WM PPG retains any existing rights or abilities to defend itself themselves against any enforcement actions, in accordance with applicable procedures.

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties that it should remain in effect through the expected duration of 10 five years, and be implemented as fully as possible unless one of the conditions below occur: 1. occurs: • Failure by any party to: to (ia) comply with the provisions of the enforceable implementing mechanisms for this Project; , or (iib) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. • Failure of by any party to disclose material facts during the development of the this Agreement. 3. • Failure of the Project to provide superior environmental performance consistent with the provisions of this Agreement. 4. • Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. • Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA EPA and VADEQ NMED do not intend to withdraw from the Agreement if WM NASA does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and duration into account. WM NASA will be given notice and a reasonable opportunity to remedy any “substantial failure” before WMEPA’s withdrawal. If there is a disagreement between the parties over whether a “substantial failure” exists, the parties will use the dispute resolution mechanism identified in Section 10 13.0 of this Agreement. WM, the USEPA, EPA and all applicable local agencies NMED retain their discretion to use existing enforcement authorities, authorities including withdrawal or termination of this Project, as appropriate. WM NASA retains any existing rights or abilities to defend itself against any enforcement actions, in accordance with applicable procedures.

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties that it should remain in effect through the expected duration of 10 for three years, and as discussed in section V.(H.) may be extended beyond three years, and be implemented as fully as possible unless one of the conditions below occuroccurs: 1. Failure by any party to: to (ia) comply with the provisions of the enforceable implementing mechanisms for this Project; or all applicable requirements or, (iib) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. Failure of any party to disclose material facts during development of the Agreement. 3. Failure of the Project to provide superior environmental performance consistent with the provisions of this Agreement. 4. Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA and VADEQ do EPA does not intend to withdraw from the Agreement if WM Kodak does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and duration into account. WM Kodak will be given notice and a reasonable opportunity to remedy any “substantial failure” before WMEPA’s withdrawal. If there is a disagreement between the parties over whether a “substantial failure” exists, the parties will use the dispute resolution mechanism identified in Section 10 X of this Agreement. WM, the USEPA, and all applicable local agencies retain their EPA retains its discretion to use existing enforcement authorities, including withdrawal or termination of this Project, as appropriate. WM Kodak retains any existing rights or abilities to defend itself themselves against any enforcement actions, in accordance with applicable procedures.

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties Parties that it should remain in effect through the expected duration of 10 three years, and be implemented as fully as possible unless one of the conditions below occuroccurs: 1. Failure by any party to: to (ia) comply with the provisions of the enforceable implementing mechanisms for this Project; , or (iib) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. Failure of any party to disclose material facts during development of the Agreement. 3. Failure of the Project to provide superior environmental performance SEP consistent with the provisions of this Agreement. 4. Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA and VADEQ do EPA does not intend to withdraw from the Agreement if WM UEP does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and duration into account. WM UEP will be given notice and a reasonable opportunity to remedy any “substantial failure” before WMEPA’s withdrawal. If there is a disagreement between the parties Parties over whether a “substantial failure” exists, the parties Parties will use the dispute resolution mechanism identified in Section 10 X of this Agreement. WM, the USEPA, and all applicable local agencies retain their EPA retains its discretion to use existing enforcement authorities, including withdrawal or termination of this Project, as appropriate. WM UEP retains any existing rights or abilities to defend itself themselves against any enforcement actions, in accordance with applicable procedures.

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties that it should remain in effect through the expected duration of 10 five years, and be implemented as fully as possible unless one of the conditions below occur: 1. occurs: • Failure by any party to: to (ia) comply with the provisions of the enforceable implementing mechanisms for this Project; , or (iib) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. • Failure of by any party to disclose material facts during the development of the this Agreement. 3. • Failure of the Project to provide superior environmental performance consistent with the provisions of this Agreement. 4. • Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. • Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA EPA and VADEQ NMED do not intend to withdraw from the Agreement if WM NASA does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and duration into account. WM NASA will be given notice and a reasonable opportunity to remedy any “substantial failure” before WMEPA’s withdrawal. If there is a disagreement between the parties over whether a “substantial failure” exists, the parties will use the dispute resolution mechanism identified in Section 10 14.0 of this Agreement. WM, the USEPA, EPA and all applicable local agencies NMED retain their discretion to use existing enforcement authorities, authorities including withdrawal or termination of this Project, as appropriate. WM NASA retains any existing rights or abilities to defend itself against any enforcement actions, in accordance with applicable procedures.

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties that it should remain in effect through the expected duration of 10 five years, and be implemented as fully as possible practical unless one of the following conditions below occuroccurs: 1. Failure by any party to: to (ia) comply with the provisions of the enforceable implementing mechanisms for this Project; , or (iib) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. Failure of any party to disclose material facts during development of the Agreement. 3. Failure of the Project to provide superior environmental performance consistent with the provisions of this Agreement. 4. Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA EPA and VADEQ NYSDEC do not intend to withdraw from the Agreement if WM IBM does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and duration into account. WM IBM will be given notice and a reasonable opportunity to remedy any “substantial failure” before WMEPA’s withdrawal. If there is a disagreement between the parties over whether a “substantial failure” exists, the parties will use the dispute resolution mechanism identified in Section 10 10.0 of this Agreement. WM, EPA and the USEPA, and all applicable local agencies State of New York retain their discretion to use existing enforcement authorities, including withdrawal or termination of this Project, as appropriate. WM retains any existing rights or abilities to defend itself against any enforcement actions, in accordance with applicable procedures.as

Expectations. Although this Agreement is not legally binding and any party may withdraw from the Agreement at any time, it is the desire of the parties that it should remain in effect through the expected duration of 10 5 years, and be implemented as fully as possible unless one of the conditions below occuroccurs: 1. Failure by any party to: to (ia) comply with the provisions of the enforceable implementing mechanisms for this Project; , or (iib) act in accordance with the provisions of this Agreement. The assessment of the failure will take its nature and duration into account. 2. Failure of any party to disclose material facts during development of the Agreement. 3. Failure of the Project to provide superior environmental performance consistent with the provisions of this Agreement. 4. Enactment or promulgation of any environmental, health or safety law or regulation after execution of the Agreement, which renders the Project legally, technically or economically impracticable. 5. Decision by an agency to reject the transfer of the Project to a new owner or operator of the facility. In addition, USEPA EPA, the state of California, and VADEQ all applicable local agencies do not intend to withdraw from the Agreement if WM Yolo County does not act in accordance with this Agreement or its implementation mechanisms, unless the actions constitute a substantial failure to act consistently with intentions expressed in this Agreement and its implementing mechanisms. The decision to withdraw will, of course, take the failure’s nature and duration into account. WM Yolo County will be given notice and a reasonable opportunity to remedy any “substantial failure” before WMEPA’s withdrawal. If there is a disagreement between the parties over whether a “substantial failure” exists, the parties will use the dispute resolution mechanism identified in Section 10 X of this Agreement. WMEPA, the USEPAState of California, and all applicable local agencies retain their discretion to use existing enforcement authorities, including withdrawal or termination of this Project, as appropriate. WM Yolo County retains any existing rights or abilities to defend itself against any enforcement actions, in accordance with applicable procedures.