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4.8 Contingency Plan Contractor shall submit to City on or before the start of Collection services under this Agreement, a written contingency plan demonstrating Contractor's arrangements to provide vehicles and personnel and to maintain uninterrupted service during breakdowns, and in case of natural disaster or other emergency including labor disputes and the events described in Section 11.5. 4.9 Transfer, Processing, and Disposal 4.9.1 Designated Facility 4.9.1.1 Designated Disposal Facility City has entered into a waste Disposal agreement with the County of Orange. Contractor agrees to deliver to the Designated Disposal Facility designated by the County of Orange all Refuse Collected pursuant to this Agreement which cannot be Recycled or otherwise Diverted from landfill Disposal. In the event the City's Solid Waste Disposal agreement with the County is declared to be invalid and is otherwise not in effect, and all applicable appeals have been exhausted, or the time of appeal for any related court decision has expired, then Contractor may select a Disposal Facility for Refuse Collected pursuant to this Agreement which cannot be Recycled or otherwise Diverted from landfill Disposal. 4.9.1.2 Use of Alternative Facilities If public health, safety, and/or fiscal interest requires, or compliance with Applicable Law necessitates, the City may designate an Alternative Facility at any time during the term of this Agreement. Prior to designating an Alternative Facility, City shall give Contractor at least thirty (30) days' advance written notification of its intention to do so, except in cases of emergency resulting in an imminent threat to public health and safety. As to any Alternative Facility designation by the City which results in increased expense to Contractor, Contractor shall be entitled to recover through a corresponding rate adjustment the full amount of the additional expense. In that event, the rate adjustment shall be implemented no later than thirty (30) days from the effective date of the designation, and shall be applied retroactive to the date the Contractor commenced use of the Alternative Facility. Notwithstanding the foregoing, Contractor shall not be entitled to a rate increase following the City's exercise of any Alternative Facility designation rights hereunder where City's decision to designate an Alternative Facility results solely from the closure of a Facility owned and operated by Contractor. August 17, 2021 84 City of Santa Ana