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08 - Waste Connection Landfill Service Agreement
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08 - Waste Connection Landfill Service Agreement
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Special Waste. <br />C. Contractor may, in its sole discretion, demand that a representative sample of <br />any Special Waste proposed for delivery to the Landfill be provided by the <br />generator to Contractor prior to the approval of a Special Waste agreement. <br />Unless otherwise agreed by Contractor, the cost for acquisition, delivery and <br />analysis of a representative sample shall be borne by the generator. If the <br />generator refuses to provide a representative sample, Contractor shall have no <br />obligation to accept the Special Waste or to execute a Special Waste <br />agreement. <br />18. Snndu & Holiday, R Opeation <br />r. City and Contractor hereby acknowledge and <br />agree that operation of the Landfill on Sundays and on the following holidays shall <br />be limited to emergency situations as required by City, the State or other recognized <br />authorities. <br />Christmas Day <br />19. ,mw liver of Waste. City agrees, acknowledges and confirms that during the term <br />of this Agreement or any extensions thereof, the City shall deliver to the Landfill <br />for disposal all such residential Waste Materials, save and except materials being <br />mulched, composted and/or recycled by or through the City or the City's agent. In <br />addition, if the City shall engage or utilize, or otherwise contract for the services <br />of, a third party to collect residential Waste Materials, the City shall require that all <br />such residential Waste Materials collected by such third party provider shall be <br />delivered to and disposed of at the Landfill. In addition, the City shall deliver to the <br />Landfill all construction and demolition material from all residential or commercial <br />structures condemned and demolished by the City or agent of the City. <br />20. Force Majeure. The performance of the Agreement may be suspended and the <br />obligations of either party excused in the event of and during the period that such <br />performance is prevented or delayed by a Force Majeure occurrence. "Force <br />Majeure" shall mean: <br />a. An act of God, including hurricanes, tornadoes, landslides, lightning, <br />earthquakes, extreme weather conditions, fire, flood, explosion, sabotage or <br />similar occurrence, acts of a public enemy, extortion, war, blockade or <br />insurrection, riot, civil disturbance, strike or other labor disturbances, <br />governmental actions or regulations, governmental requests or requisitions <br />for national defense, or breakdown or injury to, or shortage in, facilities used <br />for the handling, processing or transportation of Solid Waste or any other <br />cause beyond the reasonable control of either party; <br />b. The order or judgment of any federal, State, or local court, administrative <br />agency or governmental body (excluding decisions of federal courts <br />interpreting federal tax laws, and decisions of State courts interpreting State <br />tax laws) if it is not also the result of the willful misconduct or negligent action <br />Landfill Services Agreement - Page 9 of 14 <br />
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