1997 AGN AUG 05 I23 - Laserfiche WebLink

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Section 1. DEFINED TERMS. As used in this Agreement, capitalized terms shall have the meanings set forth in Exhibit A. Section 2. TERM OF AGREEMENT. This Agreement shall be entered into as of the date first written above and shall continue for period of twenty-five (25) years (the "Term"), except if earlier terminated pursuant to the terms of this Agreement. . Section 3. COVENANTS AND AGREEMENTS OF THE CITY. 3.1 Delivery 'of Acceptable Waste. During the Term of this Agreement, the CITY shall, pursuant to and in conformity with the terms and conditions of this Agreement, deliver or cause to be delivered all Acceptable Waste to a Facility or Facilities within the Disposal System. 3.2 Development and Enforcement of a Solid Waste Program. Promptly upon the execution of this Agreement and during the Term, the CITY shall establish, implement and carry out a waste flow enforcement program which is sufficient to ensure compliance with its Participation Commitment. Such a program may include, to the extent necessary and appropriate in the circumstances, but shall not be limited to: (a) Except as provided in Section 3.2(b) and subject to the provisions of Section 3.4 below, licensing, permitting and contracting with Commercial Haulers (on an exclusive or non-exclusive basis) for the delivery of Acceptable Waste to the COUNTY Facility [such CommercialHaulerswould than beCITY Haulers]; (b) With respect to any Commercial Self Hauler hauling AcceptableWaste for itself and no other entity or person, CITY shall use its reasonable best efforts to cause such Commercial Self Haulers to deliver Acceptable Waste to the appropriate COUNTY Facility and shall not take any action to facilitate the disposal of such Acceptable Waste outside the Disposal System; (c) Taking such enforcement actions as may be reasonably necessary to ensure compliance with the Participation Commitment; and (d) To the extent such action is made necessary as a result of a Force Majeure Event or unenforceability of any provision hereof, such alternative action as may be necessary to effect the goals of this Agreement. 2 J 03:335.02 {G6/05197