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ARTICLE III OPERATIONS Section 3 . 1 District Responsibilities and Obligations . A. Commitment to Deliver Acceptable Waste . 1 . On and after the Commencement Date , District shall take the steps described herein to deliver, or have delivered on its behalf, certain Acceptable Waste to the Facility . For purpose of this Agreement, all vehicles delivering material to the Facility that are delivering by or for the District shall be considered deliveries made by the District. 2 , The District shall be entitled to receive up to twenty-five thousand (25 , 000) Tons of Mulch each Contract Year from the Company for the District ' s use . However, at all times during a Contract Year, the amount of Mulch received by the District shall not be greater than the amount of Acceptable Waste that the District has delivered to the Company during the same Contract Year . The Company shall be responsible for loading the Mulch into the District ' s trucks at the Facility Site . The District shall be responsible for transporting and using the Mulch as the District deems appropriate . B . Delivery of Acceptable Waste . 1 . At or prior to the beginning of each Contract Year, the District shall provide to Company a schedule (the " Schedule") setting forth the estimated quantities of Acceptable Waste that District expects to deliver to the Facility during each month of that year (the " Scheduled Delivery Tonnage") and the estimated quantities of Mulch that the District expects to receive from the Facility during each month of that year (the " Scheduled Mulch Tonnage") . However, the Scheduled Mulch Tonnage cannot exceed the Scheduled Delivery Tonnage in any month or in any Contract Year . The Parties understand and agree that the Scheduled Delivery Tonnage and the Scheduled Mulch Tonnage in the Schedule are good faith estimates for planning purposes only . The failure or inability of either Party to comply with the estimates in the Schedule shall not be a basis for any liability by either Party . , 2 . The District, Contractors , Franchisees , and Residents may deliver Acceptable Waste to the Facility, and Company shall accept such deliveries , on any day of the year that the District Landfill is open, between the hours of 6 a . m . and 6 p . m. Company may accept Acceptable Waste from these Persons at other times if Company and District mutually agree in advance on such other times , if any . 12