DELIVERY CAP. (a) During each Delivery Period Hauler shall deliver, without penalty or additional cost, the Committed Solid Waste and Committed Recyclables as defined and described in this Agreement and Exhibit B. (b) Subject to the available processing capacity of the Connecticut Solid Waste System and the terms of this section and Section 3 below, the Authority is further willing to accept delivery of the Scheduled Solid Waste and Scheduled Recyclables quantified above in this Exhibit A. Provided the Authority has not declared the processing capacity of the Facility, Transfer Station(s) or Recycling Facility to be impaired, the Authority will accept such deliveries of Scheduled Solid Waste and Scheduled Recyclables without penalty or additional cost. However, the Authority, in its sole judgment, may declare the Facility, Transfer Station(s) or Recycling Facility to be impaired for any operational constraint that limits such facility’s processing capacity and / or causes the Authority to divert Acceptable Solid Waste or Acceptable Recyclables to alternate disposal facilities (“Operational Constraint”). An “Operational Constraint” may include but is not limited to any planned or unplanned Facility, Transfer Station(s) or Recycling Facility shutdown, or outage for major maintenance and/or repair of the Facility, Transfer Station(s) or Recycling Facility, including any component equipment, system or infrastructure, including, but not limited to, boilers, turbines, bag houses, conveyors, sorters, balers, buildings and pavements, rolling stock and other equipment, any drought, flood, earthquake, storm, fire, lightning, explosion, epidemic, war, act of terrorism, civil disturbances, sabotage, work stoppages (e.g., strikes, etc.), power outage, accident, equipment breakdown, financial constraint, unavailability of support services, materials or replacement equipment, restraint by court order or regulatory authority, risk management or anything else in the Authority’s sole judgment that materially affects the Authority’s processing capacity at any of its facilities. Hauler acknowledges that the Authority may declare any maintenance, repair or other work undertaken or not undertaken in furtherance of the planned conversion of the Facility to transfer operations effective July 1, 2022 to be an Operational Constraint. At its discretion, the Authority may endeavor to overcome any Operational Constraint in a manner that does not conflict with such conversion plan and / or secure alternative disposal capacity to which Scheduled Solid Waste may be diverted by the Authority. In the event the Authority declares a facility to be impaired due to an Operational Constraint, it shall notify each Hauler of the impairment, together with a reduction of Hauler’s Scheduled Solid Waste, calculated proportionately among all Haulers who deliver Scheduled Solid Waste, and its revised Scheduled Solid Waste Delivery Cap, or its proportionate reduction of Hauler’s Scheduled Recyclables and revised Scheduled Recyclables Delivery Cap as the case may be. Such notice shall describe the nature, extent and estimated duration of impairment, and shall include Hauler’s revised schedule and delivery cap, to be effective no less than five calendar days from the date of such notice and continue for the duration of impairment (“Impairment Period”). Within two days of its receipt of such notice, Hauler shall notify the Authority in writing whether Hauler 1) accepts such reductions, or 2) elects to continue to deliver the amounts set forth in Section 1 above and make payments in accordance with Section 3 below. In the event the hauler fails to so notify the Authority, the Authority may, at its discretion, refuse deliveries in excess of ▇▇▇▇▇▇’s reduced Scheduled Solid Waste Delivery Cap or reduced Scheduled Recyclables Delivery Cap, or accept such deliveries in which case Hauler shall pay the applicable Bypass Charge provided in Section 3 below. The Authority shall further provide notice to all Haulers of the conclusion of an Impairment Period which notice shall describe the restoration of the applicable facility’s processing capacity, or portion thereof, and the date of restoration. If Hauler was delivering a reduced amount of Scheduled Solid Waste and/or Scheduled Recyclables during the Impairment Period, Hauler shall, no later than fourteen calendar days from the date of such notice, advise the Authority in writing of its intention to resume Scheduled Deliveries in accordance with Section 1 above and the date of resumption which shall be no longer than fourteen calendar days from notice. In the event Hauler fails to so notify the Authority, the Authority may, by notice to ▇▇▇▇▇▇, decline to accept any Scheduled Deliveries exceeding the revised schedule and cap from Hauler and, at the Authority’s discretion, accept alternate commitments from other sources to fill the available capacity. The Authority shall not thereafter accept delivery of Spot Waste (as defined in Section 4, below) from Hauler. (c) The Authority further reserves the right to refuse deliveries of Scheduled Solid Waste or Scheduled Recyclables that, in the Authority’s sole discretion, will cause it to violate or exceed any applicable environmental permit condition or limitation. In such event, the Authority shall first refuse 1) all deliveries of Spot Waste (as defined in Section 2.5 of the Procedures), 2) all deliveries of Interruptible Contract Waste, and 3) all deliveries of Scheduled Solid Waste and/or Scheduled Recyclables pursuant to any agreement for which the tip fee is lower than the price per ton for such deliveries specified in Section 6 of this Agreement. In the event that the Authority has entered into more than one agreement for which the price is identical, refusal of deliveries pursuant to such agreements shall occur proportionately.
Appears in 1 contract
Sources: Solid Waste and Recyclables Hybrid Delivery Agreement
DELIVERY CAP. (a) During each Delivery Period Hauler shall deliver, without penalty or additional cost, the Committed Solid Waste and Committed Recyclables as defined and described in this Agreement and Exhibit B.
(b) Subject to the available processing capacity of the Connecticut Solid Waste System and the terms of this section and Section 3 below, the Authority is further willing to accept delivery of the Scheduled Solid Waste and Scheduled Recyclables quantified above in this Exhibit A. Provided the Authority has not declared the processing capacity of the Facility, Transfer Station(s) or Recycling Facility to be impaired, the Authority will accept such deliveries of Scheduled Solid Waste and Scheduled Recyclables without penalty or additional cost. However, the Authority, in its sole judgment, may declare the Facility, Transfer Station(s) or Recycling Facility to be impaired for any operational constraint that limits such facility’s processing capacity and / or causes the Authority to divert Acceptable Solid Waste or Acceptable Recyclables to alternate disposal facilities (“Operational Constraint”). An “Operational Constraint” may include but is not limited to any planned or unplanned Facility, Transfer Station(s) or Recycling Facility shutdown, or outage for major maintenance and/or repair of the Facility, Transfer Station(s) or Recycling Facility, including any component equipment, system or infrastructure, including, but not limited to, boilers, turbines, bag houses, conveyors, sorters, balers, buildings and pavements, rolling stock and other equipment, any drought, flood, earthquake, storm, fire, lightning, explosion, epidemic, war, act of terrorism, civil disturbances, sabotage, work stoppages (e.g., strikes, etc.), power outage, accident, equipment breakdown, financial constraint, unavailability of support services, materials or replacement equipment, restraint by court order or regulatory authority, risk management or anything else in the Authority’s sole judgment that materially affects the Authority’s processing capacity at any of its facilities. Hauler acknowledges that the Authority may declare any maintenance, repair or other work undertaken or not undertaken in furtherance of the planned conversion of the Facility to transfer operations effective July 1, 2022 to be an Operational Constraint. At its discretion, the Authority may endeavor to overcome any Operational Constraint in a manner that does not conflict with such conversion plan and / or secure alternative disposal capacity to which Scheduled Solid Waste may be diverted by the Authority. In the event the Authority declares a facility to be impaired due to an Operational Constraint, it shall notify each Hauler of the impairment, together with a reduction of Hauler’s Scheduled Solid Waste, calculated proportionately among all Haulers who deliver Scheduled Solid Waste, and its revised Scheduled Solid Waste Delivery Cap, or its proportionate reduction of Hauler’s Scheduled Recyclables and revised Scheduled Recyclables Delivery Cap as the case may be. Such notice shall describe the nature, extent and estimated duration of impairment, and shall include Hauler’s revised schedule and delivery cap, to be effective no less than five calendar days from the date of such notice and continue for the duration of impairment (“Impairment Period”). Within two days of its receipt of such notice, Hauler shall notify the Authority in writing whether Hauler 1) accepts such reductions, or 2) elects to continue to deliver the amounts set forth in Section 1 above and make payments in accordance with Section 3 below. In the event the hauler fails to so notify the Authority, the Authority may, at its discretion, refuse deliveries in excess of ▇▇▇▇▇▇’s reduced Scheduled Solid Waste Delivery Cap or reduced Scheduled Recyclables Delivery Cap, or accept such deliveries in which case Hauler shall pay the applicable Bypass Charge provided in Section 3 below. The Authority shall further provide notice to all Haulers of the conclusion of an Impairment Period which notice shall describe the restoration of the applicable facility’s processing capacity, or portion thereof, and the date of restoration. If Hauler was delivering a reduced amount of Scheduled Solid Waste and/or Scheduled Recyclables during the Impairment Period, Hauler shall, no later than fourteen calendar days from the date of such notice, advise the Authority in writing of its intention to resume Scheduled Deliveries in accordance with Section 1 above and the date of resumption which shall be no longer than fourteen calendar days from notice. In the event Hauler fails to so notify the Authority, the Authority may, by notice to ▇▇▇▇▇▇, decline to accept any Scheduled Deliveries exceeding the revised schedule and cap from Hauler and, at the Authority’s discretion, accept alternate commitments from other sources to fill the available capacity. The Authority shall not thereafter accept delivery of Spot Waste (as defined in Section 4, below) from Hauler.
(c) The Authority further reserves the right to refuse deliveries of Scheduled Solid Waste or Scheduled Recyclables that, in the Authority’s sole discretion, will cause it to violate or exceed any applicable environmental permit condition or limitation. In such event, the Authority shall first refuse 1) all deliveries of Spot Waste (as defined in Section 2.5 of the Procedures), 2) all deliveries of Interruptible Contract Waste, and 3) all deliveries of Scheduled Solid Waste and/or Scheduled Recyclables pursuant to any agreement for which the tip fee is lower than the price per ton for such deliveries specified in Section 6 of this Agreement. In the event that the Authority has entered into more than one agreement for which the price is identical, refusal of deliveries pursuant to such agreements shall occur proportionately.
Appears in 1 contract
Sources: Solid Waste and Recyclables Hybrid Small Hauler Delivery Agreement