A-1997-025 - Waste Disposal Services

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(13) Condition to the Commencement Date. The Commencement Date for the Agreement shall be the date on which the Aggregate Estimated Annual Tonnage attributable to Participating Cit, cs, Transfer Stations and Independent Haulers which have executed and delivered Disposal Agreements shall be 1,842,000 tons per year (using the amounts attributed to such Cities, Independent Haulers or Transfer Stations in Appendix I ). (C) Satisfaction of Condition and Commencement Date. Each party shall give the other prompt notice when the condition to the Commencement Date has been satisfied. Upon the satisfaction or waiver of such Commencement Date condition, the County shall give written notice thereof to the cities which have theretofore executed Disposal Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the Participating Cities. Original or certified copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date_ (D) Newly Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City. If any such City executes a Disposal Agreement and meets the applicable condition provided in subsection 6.2(B) hereof within 180 days following the date of its municipal incorporation, then such City shall be entitled to execute a Waste Disposal Agreement on substantially the same terms and conditions as this Agreement (including the Contract Rate), notwithstanding the limitations contained in Section 3.6(B) (E) Failure of Condition. If by March 30, 1997, or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other party, terminate this Agreement. Neither party shall be liable to the other for the termination of this Agreement pursuant to this subsection, and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date. Execution Copy 31 (Revised Page)