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<br />
<br />“Special District” means public agencies created by a Governmental Body to provide one or more specific
<br />services to a community, such as but not limited to water, sewer, refuse, parks and recreation, fire protection, pest
<br />abatement, etc.
<br />
<br />“Source-Separated Household Hazardous Waste” means Qualified Household Hazardous Waste which has
<br />been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at the
<br />source or location of generation.
<br />
<br />“Source-Separated Household Hazardous Waste Disposal System” means the collection centers, facilities,
<br />contracts and other arrangements owned or administered by the County for the receipt, handling and disposal of
<br />Source-Separated Household Hazardous Waste.
<br />
<br />“State” means the State of California.
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<br />“Term” shall mean the term of this Agreement.
<br />“Ton” means a “short ton” of two thousand (2,000) pounds.
<br />“Transfer Station” means any materials recovery facility, composting facility, intermediate processing
<br />facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected
<br />for the City is delivered for processing before receipt in the Waste Infrastructure System.
<br />
<br />“Unacceptable Waste” means Hazardous Material; Hazardous Waste; Hazardous Substances; Prohibited
<br />Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance,
<br />highly flammable substances, and noxious materials and lead-acid batteries (except if delivered in minimal quantities);
<br />drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial
<br />sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers,
<br />marine vessels and steel cable; hot loads; and any waste which the Waste Infrastructure System is prohibited from
<br />receiving under Applicable Law.
<br />
<br />“Uncontrollable Circumstance” means any act, event or condition affecting the Waste Infrastructure System,
<br />the 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 willful
<br />or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as
<br />justification for not performing an obligation or complying with any condition required of such party under the
<br />Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or
<br />inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples
<br />of Uncontrollable Circumstances are:
<br />
<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
<br />disturbance, epidemic; and
<br />
<br />(2) a Change in Law.
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<br />“Unincorporated Area” means those portions of the County which are not contained within the jurisdictional
<br />boundaries of incorporated cities.
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<br />“Unincorporated Area Acceptable Waste” means Acceptable Waste originating from or generated within the
<br />Unincorporated Area.
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<br />“Unrestricted Reserves” means cash and other reserves of the Waste Infrastructure System which are not
<br />Restricted Reserves.
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<br />“Waste Disposal Covenant” means the covenants and agreements of the City set forth in Section 3.1 hereof.
<br />“Waste Infrastructure System” or “Disposal System” means County owned or operated waste management
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