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2. Contractor shall deliver mixed C&D Material loads to the Approved C&D Processing Facility for Recycling. 3. Contractor shall deliver Source Separated C&D Material such as, but not limited to, dirt, concrete, wood waste, cardboard, or other Recyclable C&D Materials to the Approved C&D Processing Facility or other Facility authorized for Recycling C&D Material, and shall deliver salvageable materials to a party for reuse or salvage. 4. Contractor shall arrange for Processing of Organic Waste in the C&D Material at a Facility that recovers Organic Waste from C&D Material and in a manner deemed not to constitute landfill Disposal pursuant to 14 CCR Section 18983.1(a), which states that landfill Disposal includes final deposition of Organic Waste at a landfill or use of Organic Waste as ADC or AIC. 5. If City is not satisfied that the Contractor can achieve and sustain the minimum required annual average Mixed Waste organic content recovery rate, or if the Contractor has implemented its corrective action plan and failed to achieve the minimum required annual average Mixed Waste organic content recovery rate, the City shall have the right to direct use of an Alternative Facility, and Contractor shall incur all costs associated with use of the Alternative Facility including Transportation, Transfer, Processing, and Disposal. The City may assess Liquidated Damages in accordance with Section 11.4 of this Agreement and/or may deem this failure an event of default under Section 11.1 of this Agreement. If an Alternative Facility is not available within a commercially reasonable distance, Contractor shall be required to implement, at no cost to the City and with no increase to rates, an Organic Waste Collection system that will provide programmatic compliance with 14 CCR Division 7, Chapter 12, Article 3. H. Plastic Bags. Contractor shall annually submit to City written notice from the Approved Organic Waste Processing Facility confirming said Facility can remove plastic bags when Processing Source Separated Organic Materials. I. Compostable Plastics. Contractor may accept Compostable Plastics at the Approved Organic Waste Processing Facility. Pursuant to this Agreement, Contractor shall annually submit to City written notice from the Approved Organic Waste Processing Facility confirming said Facility can Process and recover these Compostable Plastics. August 17, 2021 8 - 12 City of Santa Ana