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