Common use of Title and Liability Clause in Contracts

Title and Liability. Title to and liability for waste materials shall pass from the CITY to the CONTRACTOR once the loading operation onto the CONTRACTOR’s vehicles has begun. During the term of this Agreement, CITY may, from time to time, provide to CONTRACTOR certain prepackaged waste materials. Waste materials to be handled pursuant to this Agreement shall be agreed upon in advance in writing by CONTRACTOR and CITY. At the time CITY requests the Services of CONTRACTOR, CITY shall provide a Waste Profile Sheet or similar document (“Waste Profile”) to CONTRACTOR completely and accurately describing the waste materials and its (their) characteristics. Upon approval by CONTRACTOR, the Waste Profile shall be incorporated into and become a part of this Agreement. Waste materials which are discovered to be non-conforming may be rejected by CONTRACTOR. Title, risk of loss and all other incidents of ownership to non-conforming wastes shall remain at all times with CITY. Waste materials shall be considered non-conforming for purposes of this Agreement if: (1) the waste materials are not properly packaged or labeled; or (2) the waste materials contain constituents or have characteristics or properties not disclosed on the Waste Profile, and such constituents, characteristics or properties increase the cost to CONTRACTOR or increase the risk of hazard to human health or the environment from the handling, transportation, storage or disposal of such materials; or (3) the designated disposal facility is not designed or permitted to accept such constituents, characteristics or properties. Waste materials discovered by CONTRACTOR to be non-conforming, if in CONTRACTOR’s possession, shall be prepared for lawful transportation by CONTRACTOR and returned to CITY within a reasonable time after rejection by CONTRACTOR, unless the parties agree to an alternative and lawful manner to dispose of the waste materials. CITY shall pay CONTRACTOR at agreed rates for the handling, loading, preparing, transporting, storing and caring for and, if applicable, disposing of such non-conforming waste materials.

Title and Liability. Title to and liability for e-waste materials shall pass from the CITY to the CONTRACTOR once the loading operation onto the CONTRACTOR’s vehicles has begun. During been completed and the term vehicles are ready to leave the facility of this Agreement, CITY may, from time to time, provide to CONTRACTOR certain prepackaged waste materials. Waste materials to be handled pursuant to this Agreement shall be agreed upon in advance in writing by CONTRACTOR and the CITY. At the time CITY requests the Services of CONTRACTOR, CITY shall provide a Waste Profile Sheet or similar document (“Waste Profile”) to CONTRACTOR completely and accurately describing the E-waste materials and its (their) characteristics. Upon approval by CONTRACTOR, the Waste Profile shall be incorporated into and become a part of this Agreement. Waste materials which are discovered to be non-conforming may be rejected by CONTRACTOR. The City needs to be notified within thirty (30) days of any non-confirming e-waste. Title, risk of loss and all other incidents of ownership to non-conforming confirming e-wastes shall remain at all times with CITY. Waste E-waste materials shall be considered non-conforming confirming for purposes of this Agreement if: (1) the e-waste materials are not properly packaged or labeled; or (2) the e-waste materials contain constituents or have characteristics or properties not disclosed on the Waste e-waste Profile, and such constituents, characteristics characteristics, or properties increase the cost to CONTRACTOR or increase the risk of hazard to human health or the environment from the handling, transportation, storage or disposal of such materials; or (3) the designated disposal facility is not designed or permitted to accept such constituents, characteristics or properties. Waste E-waste materials discovered by CONTRACTOR to be non-conforming, if in CONTRACTOR’s possession, shall be prepared for lawful transportation by CONTRACTOR and returned to CITY within a reasonable time after rejection by CONTRACTOR, unless the parties agree to an alternative and lawful manner to dispose of the waste materials. CITY shall pay CONTRACTOR at agreed rates for the handling, loading, preparing, transporting, storing and caring for and, if applicable, disposing applicable of such non-conforming waste materials.