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on any ground,constitutional,statutory,case law,administrative or otherwise,(a)the right, power or authority of the <br /> County or the City to enter into or perform their respective obligations under the WISE Agreement, (b) the <br /> enforceability against the County or the City of the WISE Agreement,or(c)the right,power or authority of the City <br /> to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance with this <br /> Acknowledgment. <br /> 3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly <br /> authorized by all necessary action of their respective governing bodies. <br /> 4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all <br /> Residue from the processing by any means,wherever conducted,of Controllable Waste),to the Designated Facility in <br /> the Waste Infrastructure System/Disposal System,and shall otherwise assist the City in complying with its obligations <br /> under the Waste Disposal Covenant in Section 3.1 of the WISE Agreement. <br /> 5. Unless expressly authorized by the Department,the Franchise Hauler shall only haul Controllable <br /> Waste to the Designated Facility. <br /> 6. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, <br /> composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or <br /> management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the <br /> operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility <br /> constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such <br /> facility shall be delivered to the Disposal System in compliance with the Waste Disposal Covenant. <br /> 7. The Franchise Hauler shall pay the Contract Rate imposed by the County for the disposal of all <br /> Controllable Waste,which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth <br /> in the Agreement. <br /> 8. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given <br /> the Franchise Hauler in any City Franchise Agreement to recycle City Acceptable Waste, except as provided in <br /> paragraph 5 above with respect to Residue from any such recycling operations. <br /> 9. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding <br /> any provision of the Franchise which may conflict herewith. <br /> 10. This Acknowledgment may be enforced by the City by any available legal means. In any <br /> enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance <br /> herewith. <br /> 1. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and <br /> Franchise Hauler from the date hereof and shall continue in full force and effect until the earlier of(i)the end of the <br /> term of the Franchise or(ii)the end of the Term of the WISE Agreement. <br /> 12. The City and Franchise Hauler agree that the County shall be an express third-party beneficiary of <br /> this Acknowledgment,and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder. <br /> There shall be no additional third party beneficiaries under this Acknowledgement. <br /> 13. The Franchise Hauler agrees to assist the County in verifying tonnage collected by the Franchise <br /> Hauler and providing information required by the County. The Franchise Hauler will provide upon request refuse <br /> tonnage collected within the County,and outside the County(if relevant to confirming tonnage origination),separated <br /> by jurisdiction, by load type (residential, commercial, roll-off box, etc.), and by facility to which it was delivered <br /> (specify which landfill or transfer station).Hauler will provide customer service levels and route lists. The Franchise <br /> Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel <br /> available to the County and/or its auditors. <br /> IN WITNESS WHEREOF,the parties have caused this Acknowledgment to be executed by their duly <br /> authorized officers or representatives as of day of <br />