Common use of Delivery of Unacceptable Waste by the Jurisdictions Clause in Contracts

Delivery of Unacceptable Waste by the Jurisdictions. The Jurisdictions shall use commercially reasonable efforts, in good faith, to cause only Acceptable Waste to be delivered to the Facility by or on behalf of the Jurisdictions and to minimize quantities of Unacceptable Waste delivered to the Facility. Nothing in this Agreement shall be construed to mean, and the Company understands and agrees that the Jurisdictions do not in any manner guarantee the composition of any Acceptable Waste delivered by or on behalf of the Jurisdictions, including the proportion of any material contained therein (such as Unacceptable Waste), the energy value contained therein, or any other physical or chemical property of Acceptable Waste delivered by or on behalf of the them. If a delivery of Solid Waste is composed of both Acceptable Waste and Unacceptable Waste, the Company shall separate and accept Acceptable Waste to the extent such separation can be achieved without unreasonable expense or the use of unreasonable effort. If Unacceptable Waste cannot be reasonably separated from Acceptable Waste without the use of unreasonable efforts or unreasonable expense of the Company, then the entire load shall constitute Unacceptable Waste.

Appears in 4 contracts

Samples: Waste Disposal and Service Agreement, Operating Lease Agreement, Waste Disposal and Service Agreement

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