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"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 /> "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 /> "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 /> "State"means the State of California.
<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 /> "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 /> "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 /> (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 /> (2) a Change in Law.
<br /> "Unincorporated Area"means those portions of the County which are not contained within the jurisdictional
<br /> boundaries of incorporated cities.
<br /> "Unincorporated Area Acceptable Waste"means Acceptable Waste originating from or generated within the
<br /> Unincorporated Area.
<br /> "Unrestricted Reserves" means cash and other reserves of the Waste Infrastructure System which are not
<br /> Restricted Reserves.
<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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