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C. Record Keeping and Reporting. Contractor shall maintain a record of any <br />Approved Facility incidents and report this information to the City in accordance <br />with Article 8. <br />4.9.4 Transportation to Non -Approved Facilities Prohibited <br />If Contractor Transports Discarded Materials to a Facility other than the Approved <br />Facility(ies) or an Alternative Facility without prior City approval, Contractor's failure <br />to comply shall be a breach of this Agreement and may result in assessment of <br />liquidated damages as described in Section 11.4. <br />4.10 Disposal of Refuse <br />a) Contractor shall be required to dispose of any and all Solid Waste which is not <br />Recycled or Diverted by means of composting, mulching and/or transforming <br />pursuant to the terms of this Agreement, at the Designated Disposal Facility(ies). <br />Unless and until the City otherwise obtains ownership of the Solid Waste stream, <br />the designated Disposal Site shall be the Orange County Disposal System. If <br />Contractor is directed to dispose of said Solid Waste at a location other than the <br />Orange County Disposal System, both parties agree to meet and confer regarding <br />any potential rate adjustments which may be necessitated thereby. Should <br />Disposal Sites become unavailable in Orange County at any time during the term <br />of this Agreement, both parties agree to meet and confer regarding any potential <br />rate adjustments which may be necessitated thereby. Contractor hereby agrees <br />and guarantees to the City that the City will be indemnified for CERCLA liability <br />for any Solid Waste Collected by Contractor in the City. <br />Contractor will act as the contracting body and lead agency with the MRF and <br />composting facility with respect to this Agreement and shall be responsible for, <br />and ensure that both facilities act so as to meet the requirements of both this <br />Agreement, AB 939 and SB 1383. <br />4.11 Flow Control Option <br />City shall have the absolute ability to choose the location for the delivery and/or <br />Disposal of all Solid Waste (including residue Refuse from Recyclables, Organic <br />Materials, and Construction and Demolition Debris Collected pursuant to this <br />Agreement (hereinafter City's "Flow Control Option"). Contractor expressly consents to <br />City's ability to direct the location for disposal of Solid Waste hereunder, and waives <br />August 17, 2021 87 City of Santa Ana <br />