2011-140A - Laserfiche WebLink

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D . Diverted Waste . In the event of the Company ' s Refusal of a load delivered by the District or a Contractor, Franchisee, or Resident, the District may store or dispose of such material if it is delivered to the District ' s Landfill . Company shall pay to the District, as liquidated damages and not as a penalty, the cumulative difference each month between the applicable Processing Fee for such waste and the incremental cost, if any, of delivering (including incremental transportation costs , if any) and disposing and/or utilizing of such Acceptable Waste at the District ' s Landfill . Except as provided in Sections 4 . 1 . 13 and 4 . 1 . C . 2 , below, all such payments by Company shall be shown as deductions from the amount owed by the District, and shall be set forth in the next Monthly Billing Statement that Company presents to District after the date the District notifies Company in writing of the incremental cost, if any, of delivering and disposing and/or utilizing of its Acceptable Waste at the District ' s Landfill (which notice shall include such documentation as Company shall reasonably request verifying such cost) for the period of the Refusal . The Company reserves the right to reclaim any Diverted Waste , at its sole cost, that has not been mulched or disposed of at the Landfill . If the Company exercises this right, the Company shall remove and transport the Diverted Waste to the Facility at the Company ' s expense , and the District shall pay the Processing Fee (s) for any the Diverted Waste that is Processed . E . District to Supply Landfill Gas to Company . Subject to the requirements in Section 3 . 2 , below, and any applicable provisions of the Landfill Gas Agreement, the District shall deliver to the Company all of the Landfill Gas collected from the District ' s Landfill . The Landfill Gas shall be transported to the Facility via a blower system and pipeline provided by the Company . The District shall provide , and the Company shall purchase and use, all of the Landfill Gas collected by the District, except as otherwise provided herein . F . Ash Residue . Subject to the other provisions herein, District shall accept Ash Residue from the Company at the Landfill , up to a maximum amount of twenty thousand (20 , 000) Tons per Contract Year. If Ash Residue is accepted at the Landfill , District shall make a good faith effort to maximize the District ' s use of Ash Residue as alternate initial cover; however, the District shall not be obligated to use any Ash Residue as alternate initial cover, and the District shall have no liability to the Company, if the District determines such use will materially and adversely affect the District ' s operations . G . Public Education and Communications . The District and Company will work collaboratively to inform and educate the public , Contractors , Franchisees , and Residents about the new procedures and protocols for delivering Acceptable Waste to the Company ' s Facility, rather than the Landfill . H . Out of Coun1y Waste . The District shall have no obligation under this Agreement to accept any Out of County Waste at the Landfill . 15