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ORANGE, COUNTY OF (6) - 2009
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ORANGE, COUNTY OF (6) - 2009
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Last modified
6/9/2015 2:58:03 PM
Creation date
8/10/2009 4:09:07 PM
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Contracts
Company Name
ORANGE, COUNTY OF
Contract #
A-2009-047
Agency
PUBLIC WORKS
Council Approval Date
5/4/2009
Expiration Date
6/30/2020
Destruction Year
2024
Notes
amended by a-2015-089
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vessels and steel cable; hot loads; and any waste which the Disposal System is prohibited from receiving under <br />Applicable Law. <br />"Uncontrollable Circumstance" means any act, event or condition affecting the Disposal System, the <br />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 of and is not also the result of the <br />willful 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; provided, however, that the contesting in good faith or the failure in good faith to contest such <br />action or inaction shall not be construed as willful or negligent action or a tack of reasonable diligence of either <br />party. Examples of Uncontrollable Circumstances are: <br />(1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar <br />occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil 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 />"Unincorporated Area Acceptable Waste" means Acceptable Waste originating from or generated within <br />the Unincorporated Area. <br />"Unrestricted Reserves" means cash and other reserves of the Disposal System which are not Restricted <br />Reserves. <br />"Waste Disposal Covenant" means the covenants and agreements of the City set forth in Section 3.1 hereof. <br />SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires: <br />(A) References Hereto. The terms "hereby", "hereof', "herein", "hereunder" and any similar <br />terms refer to this Agreement, and the term "hereafter" means after, and the term "heretofore" means before, the <br />Contract Date. <br />(B) Gender and Pluralitv. Words of the masculine gender mean and include correlative <br />words of the feminine and neuter genders and words importing the singular number mean and include the plural <br />number and vice versa. <br />(C) Persons. Words importing persons include firms, companies, associations, general <br />partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public <br />bodies, as well as individuals. <br />(D) Headines. The table of contents and any headings preceding the text of the Articles, <br />Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a <br />part of this Agreement, nor shall they affect its meaning, construction or effect. <br />(E) No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers <br />or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any <br />rights or remedies under or by reason of this Agreement. <br />(F) Counterparts. This Agreement may be executed in any number of original counterparts. <br />All such counterparts shall constitute but one and the same Agreement. <br />Execution Copy <br />
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