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Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The
<br />City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal
<br />Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final
<br />determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler
<br />fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on the grounds that
<br />a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver
<br />Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result
<br />that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be
<br />entitled to avail itself of the remedies described in Section 4.2(B) hereof.
<br />(G) Franchise Haulers. The City shall compile and provide the Department with the
<br />following information concerning all Franchise Haulers: name, address and phone number; identification number;
<br />area of collection and transportation; and franchise and permit terms.
<br />(H) Waste Information System. The City shall cooperate with the Department in collecting
<br />information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement. Such
<br />information may include, to the extent practicable, data pertaining to Controllable Waste collected, transported,
<br />stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and
<br />marketed or disposed of, Franchise Haulers' franchise, permit or license terms, collection areas, transportation
<br />mutes and compliance with Applicable Law; and all other information which may reasonably be required by the
<br />Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license
<br />or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the
<br />County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from
<br />which such Controllable Waste was collected, tonnage by type of load (residential, commercial, roll -off box),
<br />customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related
<br />information.
<br />(1) City Actions Affecting County. The City agrees to carry out and fulfill its
<br />responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County
<br />with its covenants and agreements with the State. In particular, the City agrees not to conduct, authorize or permit
<br />any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by
<br />the County hereunder, and not to take or omit to take any action with respect to Controllable Waste or its collection,
<br />transportation, transfer, storage, treatment or disposal that may materially and adversely affect the County's ability
<br />to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit
<br />or license or refuse to grant any approval while exercising its police powers.
<br />0) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the
<br />City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or generated
<br />outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste.
<br />The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste to the
<br />County hereunder, and shall not permit any Acceptable Waste originating from or generated outside the jurisdiction
<br />of the City to be substituted for Controllable Waste for any purpose hereunder.
<br />(K) Annexations and Restructuring. It is the intention of the parties that this Agreement and
<br />the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the
<br />Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any
<br />territory with respect to which the City assumes, after March 30, 2008, solid waste management responsibility from
<br />a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which
<br />shall assume or succeed to the rights of the City under Applicable Law.
<br />SECTION 3.2 PROVISION OF DISPOSAL, SERVICFS BY THE COUNTY.
<br />(A) Service Covenant. Commencing on the Commencement Date, the County shall provide
<br />or cause the provision of the service of (1) receiving and disposing of all Controllable Waste at the Disposal System
<br />(or such other facilities, including transfer stations, as the County may determine to use), (2) disposing in
<br />accordance with subsection 3,2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess
<br />Execution Copy I I
<br />August 17, 2021 6 - 20 City of Santa Ana
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