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omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a
<br />Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such
<br />order orjudgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack
<br />of reasonable diligence; or
<br />(3) the denial of an application for, delay in the review, issuance or renewal of, or
<br />suspension, termination, interruption, imposition of a new or more stringent condition in connection with the
<br />issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to
<br />the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and
<br />adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension,
<br />termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a
<br />lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law;
<br />provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay,
<br />suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent
<br />action, error or omission or lack of reasonable diligence.
<br />A "Change in Law" shall include but not be limited to any new or revised requirements relating to
<br />the funding or provision of disposal services, including but not limited to any regulations for disposal operations or
<br />activities associated with the remediation, closure, funding or monitoring of closed sites with respect to facilities
<br />comprising the Disposal System, or facilities which the County previously utilized to provide waste disposal,
<br />transfer, recycling, processing or other waste related activities.
<br />"City" means, as applicable, the city or Sanitary District designated on the cover page of this Agreement
<br />and party to this Agreement.
<br />"City Acceptable Waste" means all Acceptable Waste which was originally discarded by the first generator
<br />thereof within the geographical limits of the City, and Residue from the foregoing wherever produced, whether
<br />within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in
<br />subsection 3.1(C) hereof).
<br />"Commencement Date" means the date on which the obligations of the parties hereto commence,
<br />established as provided in Section 6.2(B) hereof.
<br />"Contract Date" means the first date on which this Agreement has been executed by both parties hereto.
<br />"Contract Rate" has the meaning specified in Section 4.2 hereof.
<br />"Contract Year" means the fiscal year commencing on July l in any year and ending on June 30 of the
<br />following year.
<br />"Controllable Waste" means all City Acceptable Waste with respect to which the City has the legal or
<br />contractual ability to determine the disposal location therefor and which is:
<br />(1) Non -Recycled City Acceptable Waste;
<br />(2) not generated from the operations of the Governmental Bodies which, under Applicable
<br />Law, have the independent power to arrange for the disposal of the waste they generate; and
<br />(3) collected and hauled by Franchise Haulers.
<br />"County" means the County of Orange, a political subdivision of the State of California and party to this
<br />Agreement.
<br />"County Plan" means the integrated waste management plan of the County approved by the Board pursuant
<br />to the Act as in effect from time to time.
<br />Execution Copy
<br />August 17, 2021 6 - 12 City of Santa Ana
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