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4.12 County Agreement <br />Contractor expressly acknowledges its awareness and understanding of the County <br />Agreement which has been adopted and entered into by the City. Moreover, Contractor <br />acknowledges that it has had an opportunity to review the County Agreement, and is <br />aware of the provisions thereof that require all Solid Waste Collected in the City limits <br />to be disposed of in the Orange County Disposal System. Contractor further <br />acknowledges that the County of Orange is an intended third party beneficiary of <br />Contractor's obligations relating in any way to the disposal of Solid Waste pursuant to <br />this Agreement and the County Agreement. Contractor hereby adopts as its obligations <br />hereunder such provisions of the County Agreement that require action or inaction by it <br />as City's Solid Waste franchisee. Contractor represents and warrants that it can and will <br />perform its duties in connection with this Agreement in such a manner as to ensure that <br />the City does not breach the terms of the County Agreement as a result of Contractor's <br />actions or inactions. In the event City advises Contractor in writing that the County <br />Agreement has been terminated, or that it no longer wishes to exercise its Flow Control <br />Option in a manner consistent with the County Agreement, then Contractor's <br />obligations pursuant to this paragraph will be terminated. <br />4.13 Status of Disposal Site <br />Any Disposal Site chosen and utilized by Contractor, shall have been issued all permits <br />from federal, state, regional, county and City agencies necessary for it to operate as a <br />Class III Sanitary Landfill. <br />4.14 Solid Waste Facility Capacity Guarantee <br />Contractor shall provide City with guaranteed capacity for the following Solid Waste <br />facilities for the Term of this Agreement: <br />[INCLUDE LIST FROM COMPANY'S PROPOSAL] <br />4.15 Commingling of Refuse Collection Routes <br />Contractor shall not commingle City Refuse Collection routes with other city or county <br />routes. If this is not feasible, upon approval by the City, Contractor may commingle <br />routes, but must submit to City a detailed monthly report setting forth the breakdown <br />of tonnage Collected from the commingled routes within thirty (30) days after the end <br />March 9, 2020 76 City of Santa Ana - DRAFT <br />60A-165 <br />