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assure that the City rind the Franchise Hauler will be entitled to the benefits of the WISE Agreement and to asstirc conformity with the waste delivery obligations which have been agreed to by the City under the WiSE Agreement throtigh the delivery of waste by the Franchise Hauler to the Waste Infrastructurre System,and WHEREAS, the: Franchise Hauler's agreement to deliver Franchiser Waste to the Disposal System tinder this Acknowledgment is given in consideration of(lie Franchise Haulers right to receive the Contract Rate for such disposal and processing as provided in the WiSE Agreement. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration,the receipt and sufticiency of which is hereby acknowledged,the parties Hereto, intending to be legally bound hereby,agrco as follows: I. Capitalized terns 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 tinder applicable law to contest on any ground,constitutional,statutory,case law,administrative or othenvise,(a)the right, power or authority of the County or the City to enter into or perform their respective obligations under- the WISE Agreement, (b) tine enforceability against the County or the City of the WISE Agreement,or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable: Wastc to the Disposal System in accordance with this Acknowledgment. 3. The 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. They Franchise Hauler shall deliver Or cause to be delivered all Controllable Waste (including all ROSidtle from.the processing by any nicans, wherever conducted,of Controllable Waste), to the Designated Facility in the Waste Infrastructure SystenVDisposal System,and shall otherwise;assist (lie;City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the WISE. Agreement. S. Unless expressly authorized by the Department, the Franchise lalauler shall only haul Controllable Waste to the Designated Facility. 6. The franchise Hauler shall not haul Controllable Waste to any materials recovery facility, t;ornnpos(ing facility, intermediate processing facility, recycling center, transfer station or rather waste handling or management :facility unless the;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 asstnc that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste. transferred by such facility slia.11 be delivered to the Disposal Systein in compliance with (lie Waste Disposal Covenant. 7, The franchise Hauler shall pay the C`.onti,act Rate imposed by the County for the disposal of all Controllable Waste, which rate slltall be subiect to potential adjustment necessary to reflect the 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.