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Disposal Fee: $70.00 Per Ton for Contaminated Loads delivered to the IRC Landfill. Invoice Period: All Payments Are Due Within 30 Days after Receipt of Invoice Estimated Volume: 8,000 Tons Per Year (Average Acceptable Material) 10,000 Tons Per Year (Maximum Acceptable Material) 3. Definitions: a. Acceptable Material means a Load of Program Materials, which does not have an Excessive Amount of Non -Conforming Materials. b. Business Day means every day other than a Saturday, Sunday or a day on which banks are required or authorized by law or executive order to close in the State of Florida. Excessive Amount means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, that twenty-five percent or more of the Load is comprised of Non -Conforming Material. d. Facilitv means the SWDD's Recycling Transfer Facility. e. Loads means the Recyclable Materials and other cargo in a truck or tractor -trailer that transports Recyclable Materials to the Facility. Non -Conforming Material means any material that is not a Program Material. Non -conforming Material also includes but is not limited to: (a) any Program Material that is mixed with or contaminated by solid or liquid waste; and (b) any Program Material that cannot be processed at St. Lucie County's Processing Facility or cannot be sold because it is too wet, too old, or otherwise in unacceptable condition. g. Program Materials means those Source Separated Recyclable Materials collected within the City of Palm Bay by REPUBLIC that SWDD will accept for delivery at the Facility. The current list of Program Materials is contained in Exhibit A. h. Recyclable Material means those materials that are capable of being recycled. All references to Acceptable Material, Loads, Program Materials, Non -Conforming Material and Recyclable Material shall pertain to City of Palm Bay, unless otherwise designated as being from SWDD. 4. Delivery of Materials: REPUBLIC may deliver up to the Maximum Volume of Acceptable Material and SWDD agrees to accept all Acceptable Material at the Facility. REPUBLIC may deliver in excess of the Maximum Volume of Acceptable Material only upon written approval from SWDD. REPUBLIC shall cooperate with SWDD's designated representative that operates and maintains the SWDD's Recycling Transfer Facility and with SWDD's designated representative that transfers the Program Materials to the St. Lucie Recycling Processing Facility. REPUBLIC is responsible for all costs including fuel and labor associated with the receiving and loading of Program Materials at the Facility. Page 2 of 11