Town Waste Disposal Commitment for Cell 2B Sample Clauses

Town Waste Disposal Commitment for Cell 2B. SHL agrees to use all reasonable efforts to obtain and maintain all necessary permits and approvals for the continued operation of Cell 2B of the Landfill, and agrees to continuously accept for disposal in Cell 2B all of the Town’s waste as set forth in Sections 3.6(ii)(A), 3.6(iii) and 3.6(iv) through and including December 31, 2010. In the event that SHL fills Cell 2B to capacity prior to December 31, 2010 such that it can no longer dispose of all such wastes from the Town, and further provided that SHL obtains all necessary permits and approvals to transfer the Town’s waste and conducts its activities in accordance with law, SHL may avoid the incurrence of liquidated damages pursuant to Section 7.5 hereof by, following sixty (60) days advance notice to the Town, transferring Town solid waste received pursuant to Sections 3.6(ii)(A), 3.6(iii) and 3.6(iv) to third party disposal sites selected by SHL through and including December 31, 2010, but only on the conditions that (a) such disposal sites have all necessary permits for the receipt and disposal of such waste and are operated in compliance with law, and (b) SHL hereby agrees to indemnify, defend (with counsel selected by the Town), and save the Town harmless from and against any and all liability which the Town may be threatened with or become responsible for as a result of bodily injuries (including death), property damage, any violation or alleged violation of law, or the actual or threatened release of hazardous substances to the environment, which arises from the management and/or disposal of such solid waste once it leaves the custody of the Town. SHL may achieve the transfer of the Town’s waste in accordance with this Section 3.7 either by contracting separately, if feasible, with the provider of the Town’s solid waste collection services to direct haul the waste to a third party site, or by itself conducting a transfer operation at the Landfill. Any such transfer operation shall be limited to a discrete location at the Landfill, which location shall be subject to the advance approval of the Town, such approval not to be unreasonably delayed or withheld, and SHL shall be authorized to transfer only the wastes described in Section 3.7, and shall not have the right to transfer any other wastes from Town property pursuant to this Agreement. The Town shall incur no costs for any transfer, transport or disposal of wastes described in Section 3.6(ii). The Town shall be responsible to pay to SHL for t...
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Related to Town Waste Disposal Commitment for Cell 2B

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