Facility Capacity Guarantee Sample Clauses
A Facility Capacity Guarantee clause obligates a service provider or facility operator to ensure that a specified level of capacity—such as production output, energy generation, or service throughput—is consistently available to the client or user. In practice, this clause may require the provider to maintain equipment, staffing, or resources sufficient to meet agreed-upon minimum levels, and may include provisions for monitoring, reporting, or penalties if the capacity falls short. The core function of this clause is to protect the client from disruptions or shortfalls by holding the provider accountable for maintaining reliable and predictable facility performance.
Facility Capacity Guarantee. Contractor shall guarantee sufficient capacity over the Term of this Agreement to Transfer (if applicable), Transport, and Process all Source Separated Recyclable Materials, Yard Trimmings, Food Waste, SSGCOW, Mixed Waste, and C&D Collected under this Agreement and to Transfer (if applicable), Transport, and Dispose all ▇▇▇▇ Container Waste Collected under this Agreement. Contractor shall cause the Approved Facility(ies) to recover or Process the Discarded Materials as appropriate; market the Source Separated Recyclable Materials, SSGCOW, Yard Trimmings, Food Waste, Mixed Waste, and C&D recovered from such operations; and Dispose of Residue. Contractor shall cause Approved Facility(ies) for Disposal to Dispose of ▇▇▇▇ Container Waste. Contractor shall provide the Jurisdiction, upon request, with documentation demonstrating the availability of such Transfer (if applicable), Transport, Processing, and Disposal capacity as described below.
1. Option 1, Contractor or Affiliate is owner of Approved Facilities: Jurisdiction may request that Contractor report aggregate Facility capacity committed to other entities through Contractor’s contracts. Jurisdiction, or its agent, will have the right to seek verification of Contractor’s reported aggregate capacity through inspection of pertinent sections of Contractor’s contracts with such entities to determine the duration of Contractor’s commitment to accept materials from such entities and the type and volume of materials Contractor is obligated to accept through the contracts. In addition, Jurisdiction, or its agent, will have the right to review Tonnage reports documenting the past three (3) years of Tonnage accepted at the Approved Facility(ies) by such entities. To the extent allowed by law, Jurisdiction, or its agent(s), agree to maintain the confidentiality of the information reviewed related to the individual contracts with other contracting entities and agree to review all related material at the Contractor’s office and will not retain any copies of reviewed material. Contractor will fully cooperate with the Jurisdiction’s request and provide Jurisdiction and its agent(s) or access to Contractor’s records.
2. Option 2, Contractor’s Subcontractor is the owner and/or operator of Approved Facilities: Upon Jurisdiction request, Contractor shall demonstrate that such capacity is available and allocated to the Jurisdiction by provision of its agreement with the Approved Facility(ies) owner(s)/operator(s) (Subcontrac...