Common use of Limitations to Scope Clause in Contracts

Limitations to Scope. 4.2.1 This Agreement to Collect, transport, process, and market Recyclable Materials shall be interpreted to be consistent with State and Federal laws, now and during the term of the Agreement, and the scope of this Agreement shall be limited by current and developing State and Federal laws with regard to Recyclable Materials, flow control, and related doctrines. In the event that changes in law limit the ability of County to lawfully provide for the scope of services as specifically set forth herein, Franchisee and County agree to work in good faith to amend the scope of the Agreement so as to comply with such changes in law, and County shall not be responsible for any lost profits and/or damages claimed by Franchisee as a result of changes in law. 4.2.2 The Agreement for the Collection, processing and marketing of Recyclable Materials granted to Franchisee does not include the following categories of Recyclable Materials listed in this Article. The granting of this Agreement shall not preclude the categories of Recyclable Materials listed below from being delivered to and Collected and transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any person from obtaining any authorization from County that is otherwise required by law: 4.2.2.1 Recyclable Materials separated from Solid Waste by the generator and for which generator sells or is otherwise compensated by a collector in a manner resulting in a net payment to the generator for such Recycling or related services; provided that such separation and Recycling or disposal are actually performed by the generator, and not by a subcontractor or other third-party; 4.2.2.2 Recyclable Materials donated to a charitable, environmental or other non- profit organization; provided, however, that all such Recyclable Materials are substantially separated from non-Recyclable Solid Waste by the generator; 4.2.2.3 Recyclable Materials which are separated at any Premises and which are transported by the owner or occupant of such Premises (or by his/her full-time employee) to a recycling center; 4.2.2.4 Other Governmental Agencies within the county which can contract for separate solid waste and recycling services.

Limitations to Scope. 4.2.1 This Agreement to CollectG. Article 4, transport, process, and market Recyclable Materials shall be interpreted to be consistent with State and Federal laws, now and during the term of the Agreement, and the scope of this Agreement shall be limited by current and developing State and Federal laws with regard to Recyclable Materials, flow control, and related doctrines. In the event that changes in law limit the ability of County to lawfully provide for the scope of services as specifically set forth herein, Franchisee and County agree to work in good faith to amend the scope Section 2 of the Agreement so is hereby amended to read as to comply with such changes in law, and County shall not be responsible for any lost profits and/or damages claimed by Franchisee as a result of changes in law. 4.2.2 follows: “The Agreement for the Collection, processing and marketing of Recyclable Materials and Organic Materials granted to Franchisee does not include Contractor shall be exclusive (unless otherwise limited in this agreement) except as to the following categories of Recyclable Materials and Organic Materials listed in this Article. The granting of this Agreement shall not preclude the categories of Recyclable Materials listed below from being Second Amendment to the Amended and Restated Solid Waste Collection Franchise Agreement delivered to and Collected and transported Transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any person from obtaining any authorization from County District that is otherwise required by law: 4.2.2.1 A. Source Separated Recyclable Materials separated from Solid Waste by the generator and Waste Generator for which generator Waste Generator sells or is otherwise compensated by a collector in a manner resulting in a net payment to the generator Waste Generator for such Recycling or related services; provided that such separation and Recycling or disposal Disposal are actually performed by the generator, Waste Generator and not by a subcontractor Subcontractor or other third-party; 4.2.2.2 B. Recyclable Materials donated to a charitable, environmental or other non- non-profit organization; provided, however, that all such Recyclable Materials are substantially separated from non-non- Recyclable Solid Waste by the generatorWaste Generator; 4.2.2.3 C. Recyclable Materials which are separated at any Premises and which are transported by the owner or occupant Occupant of such Premises (or by his/her full-time employee) to a recycling center; 4.2.2.4 D. Other non-District Governmental Agencies within the county District which can contract for separate solid waste and recycling Discarded Materials Collection services. E. Contractor shall cooperate with and shall not impede, interfere, or attempt to impede or interfere with the implementation, expansion, or operation of Edible Food Recovery efforts in the District.