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J. Marketing. Upon request, Contractor shall provide proof to the City that all Source <br />Separated Recyclable Materials, Source Separated Organic Materials, and C&D Material <br />Collected by Contractor were Processed and recovered materials were marketed for <br />Recycling, salvage, or Reuse, or as recovered Organic Wastes products in such a manner <br />that materials are not deemed landfill Disposal pursuant to SB 1383 and in a manner <br />that materials are deemed Diversion pursuant to AB 939. All Residue from the <br />Recycling and Processing activities that is not marketed shall be reported to the City as <br />Residue and accounted for as Disposal tonnage at the Designated Disposal Facility. No <br />Source Separated Recyclable Materials, Source Separated Organic Materials, or C&D <br />Material shall be Transported to a domestic or foreign location if landfill Disposal of <br />such material is its intended use. If Contractor becomes aware that a broker or buyer <br />has illegally handled, Disposed of, or used material generated in the City that is not <br />consistent with Applicable Law, Contractor shall immediately inform the City and <br />terminate its contract or working relationship with such party. In such case, Contractor <br />shall find an alternative market for the material(s) recovered from the Source Separated <br />Recyclable Materials, Source Separated Organic Materials, and/or C&D Material that is <br />compliant with Applicable Law. <br />The performance of commodity markets for materials recovered from Source Separated <br />Recyclable Materials shall not be considered a reason for deeming a Facility <br />"unavailable;' nor shall it be considered an acceptable basis for the need to use an <br />Alternative Facility, nor shall it serve as the basis for any adjustment in Contractor's <br />compensation under this Agreement, other than as specifically contemplated in Article <br />6 of this Agreement. <br />K. Disposal of Source Separated Recyclable Materials, Source Separated Organic Materials, <br />and C&D Materials Prohibited. With the exception of Processing Residue, which shall <br />not exceed the limits established under Applicable Law, Source Separated Recyclable <br />Materials, Source Separated Organic Materials, and C&D Materials Collected under this <br />Agreement may not be Disposed of in lieu of Recycling, Processing, or marketing the <br />material, without the express written approval of the City. <br />If for reasons beyond its reasonable control, Contractor believes that it cannot avoid <br />Disposal, including use as ADC or AIC, of the Source Separated Recyclable Materials, <br />Source Separated Organic Materials, or C&D Material Collected in the City, then it shall <br />prepare a written request for City approval to Dispose of such material. Such request <br />shall contain the basis for Contractor's belief (including, but not limited to, supporting <br />August 17, 2021 8 - 13 City of Santa Ana <br />