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<br />(1) the enactment, adoption, promulgation, issuance, material modification or written
<br />change in administrative or judicial interpretation on or after the Commencement Date of any Applicable
<br />Law (other than Applicable Law enacted by the County),
<br />(2) the order or judgment of any Governmental Body (other than the County), on or after
<br />the Commencement Date, to the extent such order orjudgment is not the result of willful or negligent
<br />action, error or omission or lack of reasonable diligence of the County or of the City, whichever is
<br />asserting the occurrence of a Change in Law, provided, however, that the contesting in good faith or the
<br />failure in good faith to contest any such order orjudgment shall not constitute or be construed as such
<br />a willful or negligent action, error or omission or lack of reasonable diligence, or
<br />(3) the denial of an application for, delay in the review, issuance or renewal of, or
<br />suspension, termination, interruption, imposition of a new or more stringent condition in connection with
<br />the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal
<br />Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or
<br />failure materially and adversely interferes with the performance of this Agreement, if and to the extent
<br />that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of
<br />willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the
<br />City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting
<br />in good faith or the failure in good faith to contest any such denial, delay, suspension, termination,
<br />interruption, imposition or failure shall not be construed as such a willful or negligent action, error or
<br />omission or lack of reasonable diligence.
<br />"City" means, as applicable, the city or Sanitary District designated on the cover page of this
<br />Agreement and party to this Agreement.
<br />"City Acceptable Waste" means all Acceptable Waste which was originally discarded by the first
<br />generator thereof within the geographical limits of the City, and Residue from the foregoing wherever produced,
<br />whether within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in
<br />subsection 3.1(C) hereof).
<br />"Commencement Date" means the date on which the obligations of the parties hereto commence,
<br />established as provided in Section 6.2(B) hereof.
<br />"Contract Date" means the date of delivery of this Agreement as executed by the parties hereto.
<br />"Contract Rate" has the meaning specified in Section 4.2 hereof.
<br />"Contract Year" means the fiscal year commencing on July 1 in any year and ending on June 30
<br />of the following year.
<br />"Controllable Waste" means all City Acceptable Waste with respect to which the City has the
<br />legal or contractual ability to determine the disposal location therefor and which is:
<br />(1) Non -Recycled City Acceptable Waste;
<br />(2) not generated from the operations of the Govemmental Bodies which, under Applicable
<br />Law, have the independent power to arrange for the disposal of the waste they generate; and
<br />(3) collected and hauled by Franchise Haulers.
<br />Execution Copy 4 (Revised Page)
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