Common use of Overall Responsibilities Clause in Contracts

Overall Responsibilities. a. During the term of this Agreement, and any option exercised hereunder, OCRRA shall be solely responsible for and shall deliver, or cause to be delivered all Onondaga WTE Facility Acceptable Ash Residue requiring disposal annually to the Cortland County Landfill during the time period when that Facility can legally accept same. OCRRA will provide the Onondaga WTE Facility semi-annual Ash Residue testing results to CORTLAND. It is estimated that the annual deliveries of such Onondaga WTE Facility Acceptable Ash Residue can be up to approximately 90,000 Tons per year. CORTLAND shall accept and dispose of all Onondaga WTE Facility Acceptable Ash Residue delivered by OCRRA to the Cortland County Landfill hereunder, in quantities of up to approximately 90,000 Tons per year, during the base term and any option extensions of this Agreement. CORTLAND, for its part, agrees to accept annually at no cost to OCRRA, the annual amount of CORTLAND Acceptable Waste (including CORTLAND Construction & Demolition Debris) sent to the Onondaga WTE Facility. The Parties agree and understand that the inadvertent delivery of (1) Waste other than Onondaga WTE Facility Ash Residue or (2) Onondaga WTE Facility Ash Residue that tests hazardous shall not constitute a basis for termination of this Agreement by CORTLAND. OCRRA shall use reasonable efforts to preclude the delivery of such Wastes to the Cortland County Landfill. OCRRA shall use reasonable efforts to preclude the delivery of such Wastes to the CORTLAND Landfill, and shall notify CORTLAND immediately upon the finding or determination that any ash tests as hazardous. In such instance, OCRRA shall suspend delivery of the ash that has tested as hazardous, and arrange for the removal of any load or loads of such ash, that has tested hazardous, from the CORTLAND Landfill. In such instance, OCRRA shall be responsible for any costs associated with the removal and disposal of ash which does not meet the definition of “Acceptable Ash Residue” from the landfill. b. CORTLAND shall not load WTE Facility Unacceptable Waste or OCRRA Ley Creek Facility Unacceptable Waste into OCRRA vehicles and is solely responsible for the proper management of such waste. OCRRA agrees to accept Cortland C&D Debris as part of Cortland Acceptable Waste delivered hereunder provided CORTLAND uses its best reasonable efforts to remove inert materials and pressure treated wood. Given the limited segregation activities required of CORTLAND, CORTLAND agrees to send white goods and all scrap metal included with the C&D Debris to OCRRA for recycling. All CORTLAND Acceptable Waste which is accepted by OCRRA for transport will count toward the ash for trash exchange numbers herein, except any CORTLAND waste properly rejected by OCRRA.

Overall Responsibilities. a. During the term of this Agreement, and any option exercised hereunder, OCRRA shall be solely responsible for and shall deliver, or cause to be delivered all Onondaga WTE Facility Acceptable Ash Residue requiring disposal annually to the Cortland County Landfill during the time period when that Facility can legally accept same. OCRRA will provide the Onondaga WTE Facility semi-annual Ash Residue testing results to CORTLAND. It is estimated that the annual deliveries of such Onondaga WTE Facility Acceptable Ash Residue can be up to approximately 90,000 Tons per year. CORTLAND shall accept and dispose of all Onondaga WTE Facility Acceptable Ash Residue delivered by OCRRA to the Cortland County Landfill hereunder, in quantities of up to approximately 90,000 Tons per year, during the base term and any option extensions of this Agreement. CORTLAND, for its part, agrees to accept annually at no cost to OCRRA, the annual amount of CORTLAND Acceptable Waste (including CORTLAND Construction & Demolition Debris) sent to the Onondaga WTE Facility. The Parties agree and understand that the inadvertent delivery of (1) Waste other than Onondaga WTE Facility Ash Residue or (2) Onondaga WTE Facility Ash Residue that tests hazardous shall not constitute a basis for termination of this Agreement by CORTLAND. OCRRA shall use reasonable efforts to preclude the delivery of such Wastes to the Cortland County Landfill. OCRRA shall use reasonable efforts to preclude the delivery of such Wastes to the CORTLAND Landfill, and shall notify CORTLAND immediately upon the finding or determination that any ash tests as hazardous. In such instance, OCRRA shall suspend delivery of the ash that has tested as hazardous, and arrange for the removal of any load or loads of such ash, that has tested hazardous, from the CORTLAND Landfill. In such instance, OCRRA shall be responsible for any costs associated with the removal and disposal of ash which does not meet the definition of “Acceptable Ash Residue” from the landfill. b. CORTLAND shall not load WTE Facility Unacceptable Waste or OCRRA Ley Creek Facility Unacceptable Waste into OCRRA vehicles and is solely responsible for the proper management of such waste. OCRRA agrees to accept Cortland C&D Debris as part of Cortland Acceptable Waste delivered hereunder provided CORTLAND uses its best reasonable efforts to remove inert materials and pressure treated wood. Given the limited segregation activities required of CORTLAND, CORTLAND ▇▇▇▇▇▇▇▇ agrees to send white goods and all scrap metal included with the C&D Debris to OCRRA for recycling. All CORTLAND Acceptable Waste which is accepted by OCRRA for transport will count toward the ash for trash exchange numbers herein, except any CORTLAND waste properly rejected by OCRRA.