Excluded Waste. Excluded Waste regardless of its source; and,
Excluded Waste. Notwithstanding Clause 4.2, title to, risk of loss and liability for any Excluded Waste shall remain with the Customer and the Customer shall indemnify and hold harmless the Company from and against all claims, losses, damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in the Equipment, any collection vehicle and other containers of the Company or any Sub-contractor. However the Company accepts that it is liable for death or personal injury resulting from its negligence.
Excluded Waste. If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire Bin, Container, Bag or Bundle of waste. In such situations, Contractor shall contact the City and the City shall undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the waste. In the event any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the depositor or generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery and disposal of such Excluded Waste. The City shall provide all reasonable assistance to Contractor to conduct an investigation to determine the identity of the depositor or generator of the Excluded Waste and to collect the costs incurred by Contractor in connection with such Excluded Waste. Subject to the City’s providing all such reasonable assistance to Contractor, Contractor shall release City from any liability for any such costs incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to the City.
Excluded Waste. Excluded Waste is all Bulky Waste (except as otherwise provided in this Agreement), Large Commercial and Industrial Refuse, Construction Debris, Large Dead Animals, Institutional Solid Waste, Hazardous Waste, Offal Waste, Stable Matter, Vegetable Waste, and Special Waste.
Excluded Waste. If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire bin, container, bag or bundle of waste. In such situations, Contractor shall contact the City and the City shall undertake appropriate action to ensure that such Excluded Waste is removed and properly disposed of by the depositor or generator of the waste. In the event any Excluded Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport and dispose of such Excluded Waste at a location authorized to accept such Excluded Waste in accordance with all applicable laws and charge the depositor or generator of such Excluded Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery and disposal of such Excluded Waste. Contractor shall release City from any liability for any such costs incurred by Contractor in connection with such Excluded Waste, except to the extent that such Excluded Waste is determined to be attributed to the City.
Excluded Waste. Notwithstanding anything herein to the contrary: (a) Contractor shall have no obligation to collect any material which is or contains, or which Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations (“Excluded Waste”); (b) if Contractor finds what reasonably appears to be discarded Excluded Waste, Contractor shall promptly notify the City and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the Excluded Waste, even if Contractor inadvertently collects or disposes of such Excluded Waste.
Excluded Waste. Contractor acknowledges that it is responsible for compliance during the entire Term of this Agreement with all Applicable Laws. Contractor shall not store, transport, use, or Dispose of any Excluded Waste except in strict compliance with all Applicable Laws. In the event Contractor negligently or willfully mishandles Excluded Waste in the course of carrying out their activities under this Agreement, Contractor shall at its sole expense promptly take all investigatory and/or remedial action reasonably required for the remediation of such environmental contamination. Prior to undertaking any investigatory or remedial action, however, Contractor shall first notify the Agency’s Designated Representative of any proposed investigatory or remedial action. Should Contractor fail at any time to promptly take such action, the Agency may undertake such action at Contractor’s sole cost and expense, and Contractor shall reimburse the Agency for all such expenses within thirty (30) calendar days of being billed for those expenses, and any amount not paid within that thirty (30) calendar day period shall thereafter be deemed delinquent and subject to the delinquent fee payment provision of Section 8.4. These obligations are in addition to any defense and indemnity obligations that Contractor may have under this Agreement. The provisions of this Section shall survive the termination or expiration of this Agreement. Notwithstanding the foregoing, Contractor’s duties under this subsection shall not extend to any claims arising from the Disposal of Solid Waste at the Approved Disposal Facility, including, but not limited to, claims arising under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) unless such claim is a direct result of Contractor’s negligence or willful misconduct or Contractor or its Affiliate owns or operates the Approved Disposal Facility.
Excluded Waste. Any Hazardous Waste and any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or toxic material as defined by applicable federal, state or local laws or regulations.
Excluded Waste. “Excluded Waste” means hazardous substances, Hazardous Waste, 281 infectious waste, designated waste, waste that is volatile, corrosive or infectious, medical waste, regulated 282 radioactive waste, and toxic substances or material that facility operator(s), which receive materials from 283 the City, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, 284 be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or 285 conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit 286 conditions, waste that in the City’s reasonable opinion would present a significant risk to human health or 287 the environment, cause a nuisance or otherwise create or expose the City to potential liability; but not 288 including de minimis volumes or concentrations of waste of a type and amount normally found in Solid 289 Waste after implementation of programs for the safe collection, processing, recycling, treatment, and 290 disposal of batteries and paint in compliance with Sections 41500 and 41802 of the Public Resources 291 Code. Excluded Wastes do not include used motor oil and filters, household batteries, Universal Wastes, 292 and/or latex paint when such materials are defined as allowable materials for collection through the City’s 293 collection programs and the Service Recipient has properly placed the materials for collection pursuant to 294 instructions provided by the Contractor.
Excluded Waste. 7.1 Each Participating ULB shall ensure that the MSW transported and supplied to the Concessionaire at the identified Transfer Stations does not have Excluded Waste beyond 10% (ten percent) of the total quantity of MSW supplied per day.
