Failure to Meet Minimum Diversion Requirement Sample Clauses

Failure to Meet Minimum Diversion Requirement. Contractor shall report its compliance status with the minimum guaranteed diversion rate on an annual basis, in accordance with Section 13.3. In the event that Contractor fails to meet the minimum guaranteed diversion rate for the calendar year, it will undertake the following efforts to make up for any shortfall during the second and third quarters of the following year. Contractor shall calculate the number of tons of solid waste that would have been required to be diverted to meet the minimum guaranteed diversion rate for the prior calendar year (the “shortfall tons”). Then, in addition to maintaining all diversion programs provided for in this Agreement, Contractor will arrange for non-recyclable solid waste, in the amount of the shortfall tons, be diverted through delivery to a transformation facility (or other diversion method to be determined by Contractor) during the second and third quarters of the following year. Contractor shall provide verification to the City that this additional diversion has been achieved, by presenting invoices from the transformation facility or other diversion facility, or by other suitable documentation approved by the City Manager. These additional diversion activities shall be undertaken at Contractor’s sole cost and expense. In the event that Contractor has failed to make up any diversion shortfall during the second and third quarters of the following year, Contractor’s failure to meet the minimum guaranteed diversion rate set forth above in Section 12.1 may result in the termination of this Agreement or the imposition of liquidated damages.
Sample 1
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Failure to Meet Minimum Diversion Requirement. Contractor’s failure to meet the minimum diversion requirements set forth above in Section 12.1 may result in the termination of this Agreement or the imposition of liquidated damages. In determining whether or not to assess liquidated damages or terminate the Agreement, the City will consider the good faith efforts put forth by the Contractor to meet the minimum diversion requirements. This consideration will include the methods and level of effort of the Contractor to fully implement the public education and diversion plans and included in this Agreement.
Sample 1

Related to Failure to Meet Minimum Diversion Requirement

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