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or more of the Approved Facility(ies) following the City's written approval, which may <br />be conditioned on various factors including, but not limited to: the performance of the <br />current versus proposed Facility, the permitting status of and LEA inspection records <br />related to the proposed Facility, the distance of the Facility from the City, and any other <br />factor that may reasonably degrade the value received by the City. If Contractor elects <br />to use a Facility(ies) that is(are) not listed on the then -current list of Approved <br />Facility(ies) in this Exhibit, it shall submit a written request for approval to the City <br />thirty (30) business days prior to the desired date to use the Facility and shall obtain the <br />City's written approval prior to use of the Facility. Contractor's compensation and rates <br />shall not be adjusted for a Contractor -initiated change in Facilities. <br />G. Notification of Emergency Conditions. Each Approved Facility shall notify the City of <br />any unforeseen operational restrictions that have been imposed upon the Facility by a <br />regulatory agency or any unforeseen equipment or operational failure that will <br />temporarily prevent the Facility from Processing the Recyclable Materials, Organic <br />Materials, and C&D Debris Collected under this Agreement. Contractor shall notify the <br />City in accordance with Section 4.9.3 of the Agreement. <br />H. Approved Facility Unavailable/Use of Alternative Facility. If Contractor is unable to <br />use the Approved Facility due to a sudden unforeseen closure of the Facility or other <br />emergency conditions described in Section 8.1.G in this Exhibit 8, Contractor may use <br />an Alternative Facility provided that the Contractor provides verbal and written notice <br />to the City and receives written approval from the City at least twenty-four (24) hours <br />prior to the use of an Alternative Facility to the extent reasonably practical given the <br />nature of the emergency or sudden closure. The Contractor's written notice shall <br />include a description of the reasons the Approved Facility is not feasible and the period <br />of time Contractor proposes to use the Alternative Facility. As appropriate for the <br />Recyclable Materials, Organic Materials, and C&D Debris to be delivered to the <br />Alternative Facility, the Alternative Facility shall meet the applicable Facility standards <br />in this Agreement and shall be sent to: (i) an allowable Facility, operation, or used for an <br />activity specified by pursuant to 14 CCR Section 18983.1(b) and not subsequently sent to <br />Disposal; (ii) an "Organic Waste Processing Facility" pursuant to 14 CCR Section <br />18982(a) (14.5) for applicable Source Separated Recyclable Materials and Source <br />Separated Organic Materials; or, (iii) a Transfer Facility. If Contractor is interested in <br />using a Facility for Organic Waste Processing technology that is not listed above and <br />not currently approved by CalRecycle, Contractor shall be responsible for securing the <br />August 17, 2021 8-5 City of Santa Ana <br />