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not be in violation of this Agreement if it is unable or unwilling to accept and process Single Stream Recyclables , Section 3 . 2 . Scalehouse The Scalehouse shall be used to weigh all in - coming and out-going Recyclable Materials . The Processor' s vehicles shall be weighed going in and out at the Scalehouse, and the driver will be provided a weigh ticket . Actual and not stored tare weights shall be used . Out-going tonnages shall be the starting basis of payment to SWDD . The District shall staff and maintain the Scalehouse and associated equipment at its expense during all Business Hours in accordance with generally accepted industry standards and as required under Applicable Law . The Scalehouse shall be calibrated in accordance with the requirements of the Florida Bureau of Weights and Measures . Processor shall have the right to be present during each calibration and shall be given not fewer than five ( 5 ) days notice thereof. Section 3 . 3 . County MRF Operations ( a ) During the Term the County MRF shall be open Monday through Friday from 7 a . m . to 5 p . m . , closed on Saturdays and Sundays and shall be closed on New Year' s Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day . ( b ) If during the Term SWDD converts its Recyclables collection to Single Stream , then SWDD will create a tipping and holding space at the County MRF acceptable for holding all Single Stream Recyclables and for the County MRF Operator to load the Single Stream Recyclables into Processor' s vehicles . SWDD and the Processor shall share equally in the costs of these improvements . Section 3 . 4 . Loading of Vehicles and Monthly Reports ( a ) Processor shall cause transfer vehicles to be brought to the County MRF for loading of Recyclables . Each driver shall identify to the Scalehouse operator that the vehicle is being loaded on behalf of Processor . ( b ) The MRF Operator will load Recyclable Materials into Processor' s transfer vehicles upon arrival at the County MRF . The District shall use its best efforts to ensure the vehicles are loaded promptly and to maximize load weights, within legal limits . Notwithstanding anything in this Agreement that may be construed to the contrary, Processor shall be excused from any responsibility under this Agreement ( including but not limited to liquidated damages ) where the inability to perform such responsibility is materially caused by the MRF Operator' s failure to properly or timely load Processor' s vehicles . - 6 -