Diversion Non-Performance Clause Samples

Diversion Non-Performance. If Contractor’s diversion level is less than 65% for C&D Debris collected in the City for a reporting period, prior to declaring a default the following steps shall be followed by City and Contractor:
Diversion Non-Performance. The Contractor is required to notify all Customers of the availability of Recyclable Materials, Organic Materials, and/or C&D services upon Customer request of Solid Waste Collection services provided under this Agreement. Contractors that Collect Solid Waste Roll-Off Containers shall provide for Diversion services in order that Customers not include more than five (5%) percent Recyclable Materials, Organic Materials, or C&D by weight or volume. If Customer Disposes of more than five (5%) Recyclable Materials, Organic Materials, or C&D by weight or volume in a Solid Waste Roll-Off Container, the Customer must Source Separate those materials from the Solid Waste and Contractor is required to provide the Customer with Source Separated Collection for Recyclable Materials, Organic Materials, and/or C&D as required by the County Code and by Section 5.3 of this Agreement. If the Contractor fails to: i) comply with Customer notification of the available Diversion services; ii) provide Diversion Collection services to Customers requesting Solid Waste Collection services; and/or,