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"Service Covenant" means the covenants and agreements of the County set forth in Sections - 2 <br />and 3.3 hereof <br />"Source -Separated Household Hazardous Waste" means Qualified Household Hazardous Waste <br />which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction <br />of the City at the source or location of generation. <br />"Source -Separated Household Hazardous Waste Disposal System" means the collection centers, <br />facilities, contracts and other arrangements owned or administered by the County for the receipt, handling and <br />disposal of Source -Separated Household Hazardous Waste. <br />"State" means the State of California. <br />"Term" shall mean the Initial Term of this Agreement. <br />"Ton" means a "short ton" of 2,000 pounds. <br />"Transfer Station" means any materials recovery facility, composting facility, intermediate <br />processing facility, recycling center, transfer station or other waste handling or management facility to which solid <br />waste collected for the City is delivered for processing before disposal in the Disposal System. <br />"Unacceptable Waste" means Hazardous Waste; Hazardous Substances, Prohibited Medical <br />Waste, Qualified Household Hazardous Waste separated from Acceptable Waste, explosives, ordnance, highly <br />flammable substances, and noxious materials and lead -acid batteries (except if delivered in minimal quantities); <br />drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or <br />industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural <br />equipment, trailers, marine vessels and steel cable; hot loads; and any waste which the Disposal System is <br />prohibited from receiving under Applicable Law. <br />"Uncontrollable Circumstance" means any act, event or condition affecting the Disposal System, <br />the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and <br />adversely affects the ability of either party to perform any obligation under the Agreement (except for payment <br />obligations), if such act, event or condition is beyond the reasonable control and is not also the result of the willful <br />or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying <br />thereon as justification for not performing an obligation or complying with any condition required of such party <br />under the Agreement; ron vided, however, that the contesting in good faith or the failure in good faith to contest <br />such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of <br />either party. Examples of Uncontrollable Circumstances are: <br />(1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or <br />similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil <br />disturbance; and <br />(2) a Change in Law. <br />"Unincorporated Area" means those portions of the County which are not contained within the <br />jurisdictional boundaries of incorporated cities. <br />Execution Copy <br />