Flow Control Option Sample Clauses
Flow Control Option. City shall have the authority to choose the location for the delivery and/or disposal of all Solid Waste, including without limitation Recyclable Materials, Organic Waste, and C&D Debris Collected pursuant to this Agreement (hereinafter City’s “Flow Control Option”). Contractor expressly consents to City’s ability to direct the location for disposal and processing of Solid Waste hereunder, and waives any and all rights to challenge City’s ability to do so, including without limitation any rights under the Commerce Clause of the United States Constitution. As of the Effective Date, City has not selected to exercise its Flow Control Option and has agreed to allow delivery, disposal and processing of all Solid Waste Collected hereunder to the Approved Facilities. Notwithstanding any provision of the Agreement to the contrary, at any time during the Term of this Agreement the City Manager may notify Contractor in writing that City desires to exercise its Flow Control Option with regard to any Solid Waste stream covered by this Agreement. In the event City so notifies Contractor, the Parties shall work together in good faith to arrive at an adjustment to the maximum rates set forth in Exhibit A, either upward or downward as the case may be, to reflect any increased or decreased costs Contractor incurs as a result of City’s exercise of its Flow Control Option.
Flow Control Option. City shall have the authority to choose the location for the delivery and/or disposal of Organic Waste Collected pursuant to the Residential Organic Waste Recycling Program and/or the Commercial Organic Waste Recylin Program (hereinafter City’s “Flow Control Option”). Contractor expressly consents to City’s ability to direct the location for processing of Organic Waste hereunder, and waives any and all rights to challenge City’s ability to do so, including without limitation any rights under the Commerce Clause of the United States Constitution. Notwithstanding any provision hereof to the contrary, at any time during the effectiveness of this Agreement the City Manager may provide Contractor ninety (90) days advance notice in writing that City desires to exercise its Flow Control Option with regard to Organic Waste. In the event City so notifies Contractor, Contractor shall be entitled to an adjustment to the maximum rates set forth in Exhibit A of the Agreement and the Parties shall work together to arrive at an adjustment to the maximum rates related to the Residential Organic Waste Recycling Program and/or the Commercial Organic Waste Recylin Program as applicable, either upward or downward as the case may be, to reflect any increased or decreased costs Contractor incurs as a result of the resulting change.
Flow Control Option. City shall have the authority to choose the location for the delivery and/or disposal of all Solid Waste, including without limitation Recyclable Materials, Organic Waste, and construction and demolition waste Collected pursuant to this Agreement (hereinafter City’s “Flow Control Option”). Contractor expressly consents to City’s exercise of it's Flow Control Option, and waives any and all rights to challenge City’s ability to do so, including without limitation any rights under the Commerce Clause of the United States Constitution. As of the Effective Date, City shall be deemed to have exercised its Flow Control Option so as to require disposal of Solid Waste Collected hereunder at the Orange County landfill system in a manner consistent with its obligations under the County Agreement (including, without limitation, its obligations related to Solid Waste that is delivered to a processing/transfer facility prior to being delivered to a landfill for disposal), and Contractor has agreed to handle all Solid Waste Collected hereunder in a manner consistent with City’s exercise of its Flow Control Option as noted above. Contractor may utilize the Approved Facility(ies) for the delivery, transfer and processing of Recyclable Materials and Organic Waste understanding any residue from processing must be handled in a manner that is consistent with City’s obligations under the County Agreement. Notwithstanding any provision of the Agreement to the contrary, including specifically Section 6 of the First Amendment, at any time during the Term of the Agreement the City Manager may notify Contractor in writing that City desires to exercise its Flow Control Option to reporting: with regard to the Recyclable Materials and/or Organic Waste; or, alternatively, that it no longer desires to exercise its Flow Control Option as noted above. In the event City so notifies Contractor, the Parties shall work together to arrive at an adjustment to the maximum rates set forth in Exhibit A, either upward or downward as the case may be, to reflect any increased or decreased costs Contractor incurs as a result of the resulting change.