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<br />of the County and delivered to the Waste Infrastructure System.
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<br /> “Importation Agreement” means an agreement between the County and any public or private entity for the
<br />delivery and acceptance of Imported Acceptable Waste pursuant to contract.
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<br />“Independent Haulers” means those waste collection/hauler companies primarily engaged as a principal
<br />business in the collection and transportation of municipal solid waste generated in the County of Orange which are not
<br />obligated to deliver County Acceptable Waste to the Waste Infrastructure System pursuant to a franchise, contract,
<br />permit or other authorization with a City in the County.
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<br />“Initial Term” has the meaning specified in Section 6.1(A) hereof.
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<br />“Legal Entitlement” means all permits, licenses, approvals, authorizations, consents and entitlements of
<br />whatever kind and however described which are required under Applicable Law to be obtained or maintained by any
<br />person with respect to the Waste Infrastructure System or the performance of any obligation under this Agreement or
<br />the matters covered hereby.
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<br />“Legal Proceeding” means every action, suit, litigation, arbitration, administrative or regulatory proceeding,
<br />and other legal or equitable proceeding having a bearing upon this Agreement.
<br />
<br />“Loss-and-Expense” means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit,
<br />cost, expense, claim, demand, charge, tax, or expense, including all fees and costs.
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<br />“MRF Fines” mean undersized or pulverized material consisting of small fractions of waste that are created
<br />during the recycling process as Material Recovery Facilities.
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<br />“Net Import Revenues” has the meaning ascribed thereto in Section 3.6(F).
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<br />“Non-Recycled City Acceptable Waste” means all City Acceptable Waste other than Recycled City
<br />Acceptable Waste.
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<br />“OC Waste & Recycling Enterprise Fund” means the waste management enterprise fund established and
<br />managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts
<br />for receipts and disbursements in connection with the Waste Infrastructure System.
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<br />“Organics Infrastructure” means organic processing facilities designed to receive and process Organic Waste
<br />to support the State’s Organic Legislation goals, promote local recycling, and/or assist local jurisdictions in meeting
<br />their organic diversion requirements which are utilized by interested Cities in connection with their participating in
<br />County-provided Organic Processing Services pursuant to a separate Organic Services Agreement.
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<br />“Organics Legislation” means organics recycling legislation including AB 1594, AB 1826, SB 1383 and any
<br />future legislation pertaining to the management and diversion of Organic Waste.
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<br />“Organics Processing Services” means the services provided by County to Cities that choose to enter into the
<br />Organic Services Agreement provided in Appendix 5.
<br />
<br />“Organics Services Agreement” (“OSA”) means that separate agreement (as provided in Appendix 5)
<br />between County and interested Cities, whereby the County agrees to provide Organic Processing Services to interested
<br />Cities pursuant to the terms of the OSA.
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<br />“Organic Waste” means solid wastes containing material originated from living organisms and their metabolic
<br />waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and
<br />carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges as defined
<br />in Title 14 of the California Code of Regulations, Section 18982(a)(46).
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<br />“Overdue Rate” means the maximum rate of interest permitted by the laws of the State, if applicable, or the
<br />prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2%,
<br />whichever is lower.
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