Cooperative Guarantee Sample Clauses

Cooperative Guarantee. CITY will cooperate with OPERATOR in all matters relating to the operation of the Landfill. To the extent not otherwise required by law or public policy, the CITY and its officers, council members and employees will not take any action which has the intended or probable effect of interfering unreasonably with the operation of the Landfill including, for example and not in limitation of the preceding general provisions such actions as the following: a) the approval of zoning, siting, or otherwise in the CITY of any transfer station, composting facility, waste incinerator, landfill, or other facility for the treatment, storage, or disposal of solid waste provided, however, that if under applicable law the CITY may not lawfully fail or refuse to approve the zoning or siting of such a facility, then the provisions of this clause shall be construed in such a manner as to require the CITY to prohibit or restrict such uses to the maximum extent allowed by law; b) the ownership or operation of any facility described in clause (a) by the CITY; c) the solicitation or recruitment of any facility described in clause (a) above; d) the discriminatory adoption, promulgation, or modification after the date of this Agreement of any CITY ordinance, code, tax, fee, or regulation, d) the referral of inquiries relating to solid waste disposal to a site other than the Landfill without reasonable grounds. The provisions of this Section shall not restrict in any way the ability of the CITY to enforce the terms of this Agreement, or to perform its duties under Section 39.2 of the IEP Act to decide any application for local siting approval filed with the CITY.