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and provisions substantially identical to the terms and provisions of this Agreement; provided, however, that in no
<br /> event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement
<br /> (including but not limited to the Contract Rate and availability of disposal capacity).
<br /> (B) After April 30,2026,the County shall have the right to enter into WISE Agreements with
<br /> Orange County entities, including any city, Special Districts, Sanitary Districts, Franchise Haulers and Independent
<br /> Haulers, or otherwise accept Acceptable Waste from such parties, but only within the limitations contained in this
<br /> Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a
<br /> Disposal Rate at least 10%higher than the Contract Rate unless the County determines it is in the best interest of the
<br /> Waste Infrastructure System to establish a Disposal Rate less than 10%higher than the Contract Rate.In no event shall
<br /> the Disposal Rate be less than the Contract Rate.In addition,the County shall reserve the right in any such agreement
<br /> to at any time,to the extent permitted by Applicable Law,refuse to receive and dispose of Acceptable Waste from any
<br /> city, Special District, Sanitary District, Franchise Hauler and Independent Hauler if and to the extent that such receipt
<br /> and disposal might materially and adversely affect the ability of the County to comply with its obligations to the
<br /> Participating Cities under the WISE Agreements to which each is a party,
<br /> (C) Posted Disposal Rate. The Posted Disposal Rate shall at all times be at least 10% higher
<br /> than the Contract Rate.
<br /> (D) Self-Haulers. The City and the County acknowledge that Self-Haulers shall be entitled to
<br /> deliver Self-Hauled Waste to the Waste Infrastructure System, on a non-contract basis, at the Posted Disposal Rate.
<br /> Such Self-Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate.
<br /> (E) Receipt of Imported Acceptable Waste on a Contract Basis. The County shall have the right
<br /> to enter into Importation Agreement(s)with any public or private entity for the delivery of Imported Acceptable Waste
<br /> on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Waste
<br /> Infrastructure System and to generate Net Import Revenues. In no event shall such Importation Agreements, entered
<br /> into after the Commencement Date, include a per ton tipping fee or Disposal Rate for Imported Acceptable Waste that
<br /> is less than the Contract Rate. The County certifies that in its good faith judgment the contract or other agreement for
<br /> the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of
<br /> Acceptable Waste from the Participating Cities in accordance with the applicable WISE Agreements throughout the
<br /> "Perm thereof;and,should the delivery of waste subject to Importation Agreements adversely affect the County's ability
<br /> to receive and dispose of Controllable Waste from Participating Cities the County will prioritize receipt and disposal of
<br /> Controllable Waste delivered pursuant to applicable WISE Agreements.
<br /> (F) Application and Use of Revenues From Other Users.
<br /> (1) County Acceptable Waste: Throughout the Term hereof, all revenues received by the
<br /> County from the disposal or processing of County Acceptable Waste into the Waste Infrastructure System
<br /> (including Surcharges, and any and all fine, penalty, liquidated damages or other damages, grants, awards or
<br /> revenue received by the County in connection with the Waste Infrastructure System),shall be deposited by the
<br /> County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Waste
<br /> Infrastructure System.
<br /> (2) Imported Acceptable Waste: Throughout the Term hereof, all revenues received by the
<br /> County, pursuant to an Importation Agreement, for the disposal or processing of Imported Acceptable Waste
<br /> into the Waste Infrastructure System(including Surcharges,and any and all fine,penalty,liquidated damages or
<br /> other damages or revenue received by the County in connection with the Waste Infrastructure System), shall
<br /> first be applied toward all of the costs attributable to the acceptance and management of such Imported
<br /> Acceptable Waste into the Waste Infrastructure System. Costs attributable to the disposal of Imported
<br /> Acceptable Waste include, but are not limited to, deposits to the Environmental Fund,deposits to closure and
<br /> post-closure reserves, Host Fees (if applicable), incremental operating costs (such as manpower expenditures,
<br /> equipment,services and supplies expenditures),State surcharges,regulatory fees,charges or penalties,and a pro
<br /> rata share of capital project costs. Revenue remaining after costs attributable to the disposal and management
<br /> of Imported Acceptable Waste shall be considered"Net Import Revenues"and shall be calculated and distributed
<br /> as follows:
<br /> (i) Calculation: Net Import Revenues are estimated to be 30%of the revenues received
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