Delivery Wait Times; Diversion Event Sample Clauses

Delivery Wait Times; Diversion Event. Notwithstanding the foregoing in Section 5.1, SPSA shall have no obligation to deliver, or to cause to be delivered, Acceptable Waste in circumstances where the queue for vehicles hauling Acceptable Waste to the RDF Facility extends beyond the driveway entrance to the RDF Facility along Victory Boulevard (the “Maximum Waiting Time”). If (a) the Maximum Waiting Time is exceeded or (b) the Contractor wrongfully rejects any delivery of Acceptable Waste hereunder and such Acceptable Waste is diverted to the SPSA Landfill or other disposal facility (each, a “Diversion Event”), then SPSA may provide Notice to Contractor’s Authorized Representative requesting that Contractor deliver Contractor-owned or contracted trailers to the Suffolk Transfer Station for loading and transport to the RDF Facility of an equivalent amount of Acceptable Waste to replace some or all of the Tons of Acceptable Waste diverted as a result of one or more Diversion Event(s). Following the Notice described in the immediately preceding sentence, Contractor shall, at its sole cost and expense, promptly provide to the Suffolk Transfer Station a sufficient number of trailers on such Day(s) and time(s) as requested by SPSA for loading of that amount of Acceptable Waste requested by SPSA, and Contractor shall, at its sole cost and expense, haul, transport and deliver, or cause to be hauled, transported and delivered, such trailers of Acceptable Waste to the RDF Facility for Processing in accordance with the terms of this Agreement. For the avoidance of doubt, Contractor shall be solely liable for all costs and expenses associated with the hauling, transportation and delivery of such Acceptable Waste contemplated by this Section 5.2.1, and SPSA shall pay, for such tonnage, the Waste Tipping Fee pursuant to, and as provided in, Section 6.2.2.
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