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approvals necessary from CalRecycle prior to the City's final approval of such Facility or activity, and shall do so in accordance with the procedures specified in 14 CCR Section 18983.2. If any Approved Facility specified in this Exhibit becomes unavailable for use by Contractor for Recyclable Materials, Organic Materials, and C&D Debris Collected in the City for a period of more than two (2) days, City may designate an Alternative Facility. The Parties agree that the Approved Facility shall only be deemed to be "unavailable' if one or more of the following has occurred: (i) a Force Majeure event has occurred; (ii) a Facility has lost one or more permits to operate; (iii) a Facility has exhibited a pattern of violation through the receipt of repeated notices of violation from one or more regulatory agencies. Further, the Parties agree that a Facility shall only be deemed to be "unavailable' if the lack of availability of the Facility is not due to Contractor's negligence, illegal activity, neglect, or willful misconduct, as determined only after written notice of alleged negligence, illegal activity, neglect, or willful misconduct has been presented to Contractor and Contractor has been provided an opportunity to present evidence and rebut such claims. At City s request, Contractor shall research and propose Alternate Facility(ies) for the impacted Recyclable Materials, Organic Materials, and any other type of Solid Waste, excluding Refuse, separately Collected by Contractor, and shall submit a written analysis and recommendation to the City within thirty (30) days concerning the cost for use of Alternative Facility(ies) and any logistical changes that would be required to utilize such Alternative Facility(ies). City and Contractor will discuss the advantages and disadvantages of use of the potential Alternative Facility(ies) and City will designate the approved Alternative Facility(ies). The decision of the City shall be final. The change in Facility shall be treated as City -directed change in scope. In the event an Approved Facility becomes unavailable due to the negligence, illegal activity, neglect, or willful misconduct of Contractor, Contractor shall bear all additional costs for use of an Alternative Facility including increased Processing costs, Transportation costs, Transfer costs, and all other costs. The table listing Approved Facilities in this Exhibit shall be modified accordingly to reflect the new City -Approved Facility(ies). If Contractor is not the owner of the new Approved Facility, Contractor shall enter into a subcontract agreement with the Facility operator of the Alternative Facility to require August 17, 2021 8-6 City of Santa Ana