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25E - WASTE DISPOSAL AGMT
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25E - WASTE DISPOSAL AGMT
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1/3/2012 4:21:04 PM
Creation date
4/29/2009 12:56:41 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25E
Date
5/4/2009
Destruction Year
2014
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1. County Acceptable Waste, in tons; <br />2. Imported Acceptable Waste, in tons; <br />3. Revenues and expenditures; <br />4. Cash fund balances, including all monies in the County Solid Waste Enterprise <br />Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, <br />and all other funds of the System. <br />5. Projected liabilities for closure and post closure as well as reasonable reserves <br />for other environmental costs. <br />The purpose of the Ten-Year Financial Projection is to keep the City fully informed about the future financial <br />condition of the Disposal System. The County shall cause a copy of the Ten-Year Financial Projection to be <br />delivered to the City Manager of the City no later than May 1 of each year. Upon request, the County shall make <br />available to the Cities supporting information related to the ten-year financial projection <br />ARTICLE V <br />BREACH, ENFORCEMENT AND TERMINATION <br />SECTION 5.1 BREACH. The parties agree that in the event either party breaches any obligation under <br />this Agreement or any representation made by either party hereunder is untrue in any material respect, the other <br />party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and <br />specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations <br />to be performed hereunder. Neither party shall have the right to terminate this Agreement except as provided in <br />Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement. <br />SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this <br />Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon <br />90 days' written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this <br />Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such <br />termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) <br />multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding <br />twelve months (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such <br />amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the <br />number of years remaining in the Term of the Agreement. <br />SECTION 5.3 TERMINATION. <br />(A) B Cit Except as expressly provided herein, the City shall have no right to terminate <br />this Agreement for cause except in the event of the repeated failure or refusal by the County substantially to perform <br />any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable <br />Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for <br />cause under this subsection unless: <br />(1) The City has given prior written notice to the County stating that a specified <br />failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on <br />the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause <br />under this subsection unless such breach is corrected within a reasonable period of time, and <br />(2) The County has neither challenged in an appropriate forum (in accordance with <br />Section 5.5) the City's conctusion that such failure or refusal to perform has occurred or constitutes a material <br />breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of <br />time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the <br />23 <br />Execution Copy <br />25E-28 <br />
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