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Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The <br />City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal <br />Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final <br />determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler <br />fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on the grounds that <br />a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver <br />Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result <br />that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be <br />entitled to avail itself of the remedies described in Section 4.2(B) hereof. <br />(G) Franchise Haulers. The City shall compile and provide the Department with the <br />following information concerning all Franchise Haulers: name, address and phone number; identification number; <br />area of collection and transportation; and franchise and permit terms. <br />(H) Waste Information System. The City shall cooperate with the Department in collecting <br />information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement. Such <br />information may include, to the extent practicable, data pertaining to Controllable Waste collected, transported, <br />stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and <br />marketed or disposed of, Franchise Haulers' franchise, permit or license terms, collection areas, transportation <br />routes and compliance with Applicable Law; and all other information which may reasonably be required by the <br />Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license <br />or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the <br />County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from <br />which such Controllable Waste was collected, tonnage by type of load (residential, commercial, roll-off box), <br />customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related <br />information. <br />(I) Citv Actions Affecting Countv. The City agrees to carry out and fulfill its <br />responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County <br />with its covenants and agreements with the State. In particular, the City agrees not to conduct, authorize or permit <br />any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by <br />the County hereunder, and not to take or omit to take any action with respect to Controllable Waste or its collection, <br />transportation, transfer, storage, treatment or disposal that may materially and adversely affect the County's ability <br />to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit <br />or license or refuse to grant any approval while exercising its police powers. <br />(J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the <br />City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or generated <br />outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste. <br />The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste to the <br />County hereunder, and shall not permit any Acceptable Waste originating from or generated outside the jurisdiction <br />of the City to be substituted for Controllable Waste for any purpose hereunder. <br />(K) Annexations and Restructurin It is the intention of the parties that this Agreement and <br />the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the <br />Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any <br />territory with respect to which the City assumes, after March 30, 2008, solid waste management responsibility from <br />a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which <br />shall assume or succeed to the rights of the City under Applicable Law. <br />SECTION 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY. <br />(A) Service Covenant. Commencing on the Commencement Date, the County shall provide <br />or cause the provision of the service of (1) receiving and disposing of all Controllable Waste at the Disposal System <br />(or such other facilities, including transfer stations, as the County may determine to use), (2) disposing in <br />accordance with subsection 3.2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess <br />11 <br />Execution Copy <br />