Common use of Requests for Adjustment Clause in Contracts

Requests for Adjustment. ▇▇▇▇▇▇▇▇ POWER acknowledges that COUNTY is required to respond promptly to complaints or other notifications COUNTY may receive from the SCAQMD or other governmental agencies having jurisdiction over the Landfill as to any purported noncompliance of the Landfill with Applicable Law. Accordingly, requests made by COUNTY to ▇▇▇▇▇▇▇▇ POWER to adjust the draw rate on the ▇▇▇▇▇ or other collection devices constituting part of the Collection System may be made orally, either in person or by telephone, by COUNTY’s authorized representative to ▇▇▇▇▇▇▇▇ POWER’s on-site representative(s) (as described in Section 1.12(b)). Such oral requests shall state the specific action that COUNTY desires ▇▇▇▇▇▇▇▇ POWER to take with respect to the operation of the Collection System in order to meet the requirements of SCAQMD or other applicable governmental agency. Such oral requests shall be immediately followed by a written request containing the same information. ▇▇▇▇▇▇▇▇ POWER shall initiate corrective actions expeditiously and notify the COUNTY verbally as soon as possible and then in writing of all actions taken and all modifications made to the Collection System no later than one (1) business day after such actions or modifications taken pursuant to a request by the COUNTY under this Section 1.7(d). COUNTY shall be solely responsible for any and all costs related to a COUNTY request pursuant to Section 1.7(c) or (d) other than to the extent that ▇▇▇▇▇▇▇▇ POWER’s negligence causes or contributes to the conditions that prompt any such request or those requests that require only the services (routine operation and maintenance as described on Exhibit C-3 attached hereto) of ▇▇▇▇▇▇▇▇ POWER personnel then assigned to the Landfill during normal business hours, for which there shall be no charge to COUNTY. If ▇▇▇▇▇▇▇▇ POWER is unable to comply with such requests within twenty-four (24) hours from the receipt of such request by COUNTY (or within seventy two (72) hours if the applicable law allows for such longer period for compliance), or, if COUNTY is unable to locate any personnel of ▇▇▇▇▇▇▇▇ POWER to deliver such request within a twenty-four (24) hour period (or within seventy two (72) hours if the applicable law allows for such longer period for compliance), then COUNTY shall be authorized through a technician or other personnel trained in the operation of the Collection System to adjust the appropriate ▇▇▇▇▇ or other collection devices included in the Collection System in order to meet the requirements of any rule, order, permit, or regulation of the SCAQMD or any other applicable governmental agency having jurisdiction over the Landfill, and all reasonable out-of-pocket costs associated with such actions by the COUNTY shall be reimbursed promptly by ▇▇▇▇▇▇▇▇ POWER. The personnel utilized by COUNTY to adjust or perform other corrective work on the Collection System shall perform such work in accordance with the procedures and standards set forth in ▇▇▇▇▇▇▇▇ POWER’s System Maintenance Manual. If COUNTY makes a request of ▇▇▇▇▇▇▇▇ POWER to take action with respect to the Collection System that results in COUNTY using its personnel to adjust any such Collection System, following the completion of any such action taken by COUNTY, COUNTY shall (i) notify ▇▇▇▇▇▇▇▇ POWER verbally as soon as possible and then in writing of all actions taken and all modifications made to the Collection System no later than one (1) business day after such actions; and (ii) be subject to the indemnification provisions of Section 2.13.

Requests for Adjustment. ▇▇▇▇▇▇▇▇ POWER acknowledges that COUNTY is required to respond promptly to complaints or other notifications COUNTY may receive from the SCAQMD or other governmental agencies having jurisdiction over the Landfill as to any purported noncompliance of the Landfill with Applicable Law. Accordingly, requests made by COUNTY to ▇▇▇▇▇▇▇▇ POWER to adjust the draw rate on the ▇▇▇▇▇ or other collection devices constituting part of the Collection System may be made orally, either in person or by telephone, by COUNTY’s ’S authorized representative to ▇▇▇▇▇▇▇▇ POWER’s on-site representative(s) (as described in Section 1.12(b)). Such oral requests shall state the specific action that COUNTY desires ▇▇▇▇▇▇▇▇ POWER to take with respect to the operation of the Collection System in order to meet the requirements of SCAQMD or other applicable governmental agency. Such oral requests shall be immediately followed by a written request containing the same information. ▇▇▇▇▇▇▇▇ POWER shall initiate corrective actions expeditiously and notify the COUNTY verbally as soon as possible and then in writing of all actions taken and all modifications made to the Collection System no later than one (1) business day after such actions or modifications taken pursuant to a request by the COUNTY under this Section 1.7(d). COUNTY shall be solely responsible for any and all costs related to a COUNTY request pursuant to Section 1.7(c) or (d) other than to the extent that ▇▇▇▇▇▇▇▇ POWER’s ’S negligence causes or contributes to the conditions that prompt any such request or those requests that require only the services (routine operation and maintenance as described on Exhibit C-3 attached hereto) of ▇▇▇▇▇▇▇▇ POWER personnel then assigned to the Landfill during normal business hours, for which there shall be no charge to COUNTY. If ▇▇▇▇▇▇▇▇ POWER is unable to comply with such requests within twenty-four (24) hours from the receipt of such request by COUNTY (or within seventy two (72) hours if the applicable law allows for such longer period for compliance), or, if COUNTY is unable to locate any personnel of ▇▇▇▇▇▇▇▇ POWER to deliver such request within a twenty-four (24) hour period (or within seventy two (72) hours if the applicable law allows for such longer period for compliance), then COUNTY shall be authorized through a technician or other personnel trained in the operation of the Collection System to adjust the appropriate ▇▇▇▇▇ or other collection devices included in the Collection System in order to meet the requirements of any rule, order, permit, or regulation of the SCAQMD or any other applicable governmental agency having jurisdiction over the Landfill, and all reasonable out-of-pocket costs associated with such actions by the COUNTY shall be reimbursed promptly by ▇▇▇▇▇▇▇▇ POWER. The personnel utilized by COUNTY to adjust or perform other corrective work on the Collection System shall perform such work in accordance with the procedures and standards set forth in ▇▇▇▇▇▇▇▇ POWER’s System Maintenance Manual. If COUNTY makes a request of ▇▇▇▇▇▇▇▇ POWER to take action with respect to the Collection System that results in COUNTY using its personnel to adjust any such Collection System, following the completion of any such action taken by COUNTY, COUNTY shall (i) notify ▇▇▇▇▇▇▇▇ POWER verbally as soon as possible and then in writing of all actions taken and all modifications made to the Collection System no later than one one (1) business day after such actions; and (ii) be subject to the indemnification provisions of Section 2.13.