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2012-151
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2012-151
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Last modified
1/4/2016 11:59:09 AM
Creation date
10/1/2015 4:37:00 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/21/2012
Control Number
2012-151
Agenda Item Number
15.B.4
Entity Name
Resource Recovery Systems
SWDD
Subject
Recycling Services Agreement
Recyclables Transfer
Project Number
2012023
Alternate Name
ReCommunity
Supplemental fields
SmeadsoftID
11382
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during the previous month and the total revenue due to SWDD for such <br /> Recyclables . <br /> Section 6 . 2 . Payments <br /> Processor shall remit payment of said revenue to SWDD within thirty ( 30 ) <br /> calendar days from the date of the invoice . Interest shall accrue on all past due <br /> invoices and any other amounts that may be due and owing hereunder at the <br /> rate of one - half percent ( 0 . 5 % ) per month from the date due until the date paid , <br /> and the Party owing such overdue amounts shall pay any and all costs incurred <br /> by the other Party for collection of unpaid balances, including without limitation <br /> costs of investigation and attorneys' fees . <br /> ARTICLE VII , RECYCLING AWARENESS AND EDUCATION <br /> In its response to the Request for Proposals referenced on page 1 of this <br /> Agreement, the Processor represented that ( a ) it would provide education and <br /> promotion support to SWDD to increase participation in the Recyclables <br /> Program ; ( b ) the support may take the form of strategic planning, access to video <br /> feeds, media support, education tools and equipment, recycling education <br /> videos, promotion programs, social media tools, and other such activities ; and ( c) <br /> the Processor' s estimated value of the support exceeded $ 100, 000 . SWDD relied <br /> upon this representation in selecting the Processor from among the entities <br /> responding to the Request for Proposals . Within thirty ( 30) days after each <br /> yearly anniversary of this Agreement, the Processor shall provide a written <br /> report to SWDD setting forth the support activities undertaken by the Processor <br /> during the prior year, and the Processor' s estimate of the value of such <br /> activities . The estimated value shall average approximately $ 20, 000 per year <br /> and shall total approximately $ 100, 000 or more for the five ( 5 ) year term of this <br /> Agreement . It shall not be a default hereunder if SWDD believes that the value <br /> of such support is less than $ 20, 000 per year or $ 100, 000 in the aggregate . <br /> ARTICLE VIII . LIQUIDATED DAMAGES <br /> Section 8 . 1 . Basis for Liquidated Damages <br /> ( a ) Processor and SWDD acknowledge and agree that it is difficult or <br /> impossible to accurately determine the amount of damages that would <br /> or might be incurred by SWDD due to those failures or circumstances <br /> described in this Article VIII and for which the Processor would otherwise <br /> be liable . Accordingly, the Processor and SWDD have negotiated the <br /> terms and amounts of the liquidated damages set forth herein , and the <br /> Parties agree that the liquidated damages are reasonable under the <br /> circumstances . The Processor and SWDD also have consulted with their <br /> legal counsel and confirmed that these liquidated damages are <br /> appropriate . Therefore, the following administrative assessments shall <br /> - 13 - <br />
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