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assure that the City and the Franchise Haulerwil I be entitled to the benefits ofthe WISE Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the WISE Agreement through the delivery of waste by the Franchise Hauler to the Waste Infrastructure System: and WHEREAS, the Franchise Hauler's a-rcernent to deliver Fratiellisc Waste to the Disposal System under this Acknowledgment is given in consideration of tile Franchise Haulers right to receive the Contract Rate for such disposal and processing as provided in the WISE Agreement. P �1- NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration,(lie receipt and sufficiency of which is hereby acknowledged,the parties hereto, intending to be legally bound hereby,agree as follows: I. Capitalized terms used and not otherwise defined herein are used as defined in the WISE Agreement, 2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest oil any ground,constitutional,statutory,case law,administrative orotherwise,(a)the night, power Or authority Of tile County or the City to enter into or perform,their respective obligations under (lie WISE Agreement, (b) the enforceability against the County or the City of the WISE Agreement, or (c)the right, 171 power or authority of the City to deliver or CCILISC the delivery of till Controllable Waste to the Disposal System inaccorda-tice with this Acknowledgment. 3. T lie City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies. 4. The Franchise Hauler shall deliver or CaLLSC to be delivered all Controllable Waste (including all 'Residue from the processing by any means, wherever conducted,of Controllable Waste), 1� Cl , to the Designated Facility in the Waste Infrastructure Systern/Disposal System,and shall otherwise assist the City in complying with its obligations tinder the Waste Disposal Covenant in Section 3.1 of the WISE Agreement, Unless, expressly authorized by the Department, the Franchise Hauler shall only haul Controllable Waste to tile Designated Facility. 6. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless (lie contract or other agreement or arrangement between the, franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City,Acceptable Waste ('or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Disposal System in compliance with the Waste Disposal Covenant. 7, The Franchise Hauler shall pay the Contract Rate imposed by the County for the disposal of all Controllable Waste, which rate shall be subject to potential adjustraent necessary to reflect tile circumstances set forth in the Agreement. 8. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in any City Franchise Agreement to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from.any such recycling operations.