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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 collectinginformationandotherwisemonitoringFranchiseHaulersinordertoassurecompliancewiththisAgreement. 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 CountywithitscovenantsandagreementswiththeState. 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 bytheCountyhereunder, 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 generatedoutsidethejurisdictionoftheCity, 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 jurisdictionoftheCitytobesubstitutedforControllableWasteforanypurposehereunder.
<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 anyterritorywithrespecttowhichtheCityassumes, 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 Systemorsuchotherfacilities, 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
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<br />Execution Copy
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<br />City Council 22 – 18 5/20/2025
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