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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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Contract Rate to be applicable during any renewal period, in addition to the circumstances described in <br />Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to: <br />(i) actual cost of operations; <br />(ii) population growth; <br />(iii) increase or decrease in available tonnage; <br />(iv) economic and disposal market conditions in the Southern California region; <br />(v) changes in transportation and technology; <br />(vi) closure and expansion of nearby landfills; <br />(vii) capacity of the Disposal System; and <br />(viii) available reserves which are in excess of the amount reasonably required as <br />reserves. <br />(D) Survival: Accrued Rights. The rights and obligations of the parties hereto pursuant to <br />Sections 3.1(E)(2), 5.1, 5.3, 5.5, 7.2, 7.3, 7.5, 7.7, 7.8, 7.9, and 7.10 hereof shall survive the termination or <br />expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective <br />rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of <br />the Term of this Agreement, all other obligations of the parties shall terminate. <br />SECTION 6.2 COMMENCEMENT DATE <br />(A) Oblieations of the Parties Prior to the Commencement Date. The parties acknowledge <br />that the Disposal Agreements may be executed and delivered on different dates and that, except as provided in this <br />subsection, neither the County nor the City shall be obligated to perform its obligations hereunder until the <br />participation threshold provided herein has been met and the other conditions to the occurrence of the <br />Commencement Date have occurred. Prior to the Commencement Date, each party hereto shall at its own expense <br />exercise good faith and due diligence and take all steps within its reasonable control in seeking to satisfy the <br />conditions to the Commencement Date set forth herein as soon as reasonably practicable. The County and the City, <br />each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with <br />the foregoing undertaking. Until the Commencement Date occurs, the Original WDAs shall remain in full force and <br />effect. <br />(B) Condition to the Commencement Date. The Commencement Date for the Agreement <br />shall be the date on which the percentage of the County's Acceptable Waste attributable to Participating Cities <br />which have executed and delivered Disposal Agreements shall exceed 85% percent (using the percentage rates <br />attributed to such Cities in Appendix 1). Unincorporated County is assumed to be a Participating City for the <br />purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix 1 of this <br />Agreement. <br />(C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of <br />the condition to the Commencement Date, the County shall give written notice thereof to the cities which have <br />theretofore executed Disposal Agreements. The parties shall thereupon hold a formal closing acknowledging the <br />satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has <br />occurred and designating the Participating Cities. Copies of all of the documents or instruments constituting or <br />evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the <br />Commencement Date. <br />25 <br />Execution Copy <br />
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