Common use of DECREASE ADJUSTMENT TO SCHEDULED DELIVERIES Clause in Contracts

DECREASE ADJUSTMENT TO SCHEDULED DELIVERIES. At any time during the Term, if ▇▇▇▇▇▇ becomes aware of circumstances beyond the Hauler’s control that might prevent Hauler from meeting its Scheduled Deliveries, Hauler shall use commercially reasonable efforts to obtain and deliver such other Acceptable Solid Waste in order to meet such Scheduled Deliveries. To eliminate doubt, spot waste will not constitute other or additional waste. Hauler shall advise the Authority periodically regarding its efforts to deliver additional waste. If, after expending such effort, ▇▇▇▇▇▇ reasonably believes that it will still be unable to deliver the Scheduled Deliveries, Hauler shall submit a written request to the Authority for a decrease in the Scheduled Deliveries. Hauler shall provide the Authority with information sufficient for the Authority to evaluate the underlying circumstances of the request. The Authority shall consult with Hauler concerning such request and supporting information and shall grant or deny such request, which request shall not be unreasonably denied. Any claim by the Hauler made pursuant to the above procedure of a reduction in the supply of Acceptable Solid Waste shall not constitute justification for a decrease adjustment in Scheduled Deliveries and shall not relieve Hauler from meeting its Scheduled Deliveries, other than for the following reasons: (1) as the result of the imposition by any Tier 1 Participating Municipality of a flow control requirement that has the effect of obliging Hauler to deliver such Tier 1 Participating Municipality’s Acceptable Solid Waste to a facility other than an Authority facility; (2) as the result of any Tier 1 Participating Municipality executing any contract or other arrangement with an entity other than the Hauler or any affiliate of Hauler, that has the effect of depriving Hauler of access to such Tier 1 Participating Municipality’s Acceptable Solid Waste; or (3) as the result of Hauler electing Alternate Arrangements (as defined in Exhibit B) following a Force Majeure Event. In addition to the foregoing, the Parties agree that they shall negotiate in good faith with respect to potential reductions to the Scheduled Deliveries, which reductions the Hauler reasonably believes are necessitated by (and can demonstrate to the Authority’s reasonable satisfaction are caused by), an increase in municipal recycling.

DECREASE ADJUSTMENT TO SCHEDULED DELIVERIES. At any time during the Term, if ▇▇▇▇▇▇ becomes aware of circumstances beyond the Hauler’s control that might prevent Hauler from meeting its Scheduled Deliveries, Hauler shall use commercially reasonable efforts to obtain and deliver such other Acceptable Solid Waste in order to meet such Scheduled Deliveries. To eliminate doubt, spot waste Spot Waste will not constitute other or additional waste. Hauler shall advise the Authority periodically regarding its efforts to deliver additional waste. If, after expending such effort, ▇▇▇▇▇▇ reasonably believes that it will still be unable to deliver the Scheduled Deliveries, Hauler shall submit a written request to the Authority for a decrease in the Scheduled Deliveries. Hauler shall provide the Authority with information sufficient for the Authority to evaluate the underlying circumstances of the request. The Authority shall consult with Hauler concerning such request and supporting information and shall grant or deny such request, which request shall not be unreasonably denied. Any claim by the Hauler made pursuant shall be permitted access to the above procedure of a reduction in following Authority facilities for the supply disposal of Acceptable Solid Waste, Acceptable Recyclables and other waste materials to the extent allowed by the Connecticut Department of Environmental Protection and municipal Planning and Zoning permits: Connecticut Solid Waste System Resource Recovery Facility Authority Regional Recycling Facility Authority Essex Transfer Station Authority Torrington Transfer Station Authority Watertown Transfer Station Hauler shall not constitute justification for a decrease adjustment deliver Committed Solid Waste and Committed Recyclables to the specific facility identified by municipality of origin in Scheduled Deliveries and shall not relieve Hauler from meeting its Scheduled Deliveries, other than for Section 4 of this Exhibit B. Subject to the following reasons: (1) as the result available processing capacity of the imposition by any Tier 1 Participating Municipality of a flow control requirement that has the effect of obliging Hauler to deliver such Tier 1 Participating Municipality’s Acceptable Connecticut Solid Waste to a facility other than an System, as determined by the Authority facility; (2) as in its sole judgment, including the result of any Tier 1 Participating Municipality executing any contract or other arrangement with an entity other than the Hauler or any affiliate of Hauler, that has the effect of depriving Hauler of access to such Tier 1 Participating Municipality’s Acceptable Solid Waste; or (3) as the result of Hauler electing Alternate Arrangements (as defined schedules and delivery caps provided in Exhibit B) following a Force Majeure Event. In addition A, Hauler may deliver Scheduled Waste and Scheduled Recyclables to the foregoing, the Parties agree that they shall negotiate specific facility identified by municipality of origin in good faith with respect to potential reductions to the Scheduled Deliveries, which reductions the Hauler reasonably believes are necessitated by (and can demonstrate to the Authority’s reasonable satisfaction are caused by), an increase in municipal recycling.Section 5 of this Exhibit B.