Common use of Quantity and Quality Clause in Contracts

Quantity and Quality. During the term of the Agreement, Company shall be the exclusive provider of the services set forth below and shall take and Customer agrees to provide one hundred percent (100%) of Customer’s (“Recyclables”). Customer will provide (a) wastepaper including old corrugated containers in accordance with the most current ISRI Scrap Specifications Circular, Guidelines for Nonferrous Scrap, Ferrous Scrap, Glass Cullet, Paper Stock, Plastic Scrap, and any amendments thereto or replacements thereof (“Specifications”) and (b) non fiber commodities and commingled recyclables in accordance with the Company’s specifications (also “Specifications”) which are available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or upon request. Notwithstanding the foregoing, if the specifications for the Recyclables are not provided by Company, Customer shall provide Recyclables in accordance with industry standards. In the event that the Recyclables do not meet Specifications, Customer shall have the sole responsibility for any resulting settlement or adjustments, including price reductions, transportation, disposal costs, and contamination fees, all of which may include an amount for Company’s operating and gross profit margin. Recyclables specifically exclude, and Customer agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or chemical or other properties that are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public or materially impair the strength or the durability of the Company's structures or equipment, or any materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other waste not approved in writing by Company (collectively, “Excluded Materials”). Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Recyclables provided by Customer to Company is transferred to Company upon Company’s receipt or collection unless otherwise provided in this Agreement or applicable law. Company reserves the right at its sole discretion upon notice to Customer to discontinue acceptance of any category of Recyclables as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials which are subject to this Agreement.

Quantity and Quality. During the term of the Agreement, Company shall be the exclusive provider of the services set forth below and shall take and Customer agrees to provide one hundred percent (100%) of Customer’s single stream recyclables (“Recyclables”). Customer will provide (a) wastepaper including old corrugated containers in accordance with the most current ISRI Scrap Specifications Circular, Guidelines for Nonferrous Scrap, Ferrous Scrap, Glass Cullet, Paper Stock, Plastic Scrap, and any amendments thereto or replacements thereof Exhibit A (“Specifications”) and (b) non fiber commodities and commingled recyclables in accordance with the Company’s specifications (also “Specifications”) which are available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or upon request. Notwithstanding the foregoing, if the specifications for the Recyclables are not provided by Company, Customer shall provide Recyclables in accordance with industry standards). In the event that the Recyclables do not meet Specifications, the load may be rejected and/or Customer shall have the sole responsibility for any resulting settlement or adjustments, including including, but not limited to: price reductions, transportation, transportation and disposal costs, and contamination fees, all of which may include an amount for Company’s operating and gross profit margin. Recyclables specifically exclude, and Customer agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or chemical or other properties that are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public or materially impair the strength or the durability of the Company's structures or equipment, or any materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other waste not approved in writing by Company (collectively, “Excluded Materials”). Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Recyclables provided by Customer to Company is transferred to Company upon Company’s receipt or collection unless otherwise provided in this Agreement or applicable law. Company reserves the right at its sole discretion upon notice to Customer to discontinue acceptance of any category of Recyclables as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials which are subject to this Agreement.