PSA - Disposal Agreement Setting Per Ton Tipping Fee – Republic Services of IN LP

Home Browse Search

(ii) Waste which may contain residue and debris from the cleanup of spilled petroleum, chemical or commercial products or wastes, or contaminated residuals; (iii) Waste which is nonhazardous as a result of proper treatment pursuant to Subtitle C of the Resource Conservation and Recovery Act of 1976 ("RCRA"); (iv) Waste from the cleanup of a facility which generates, stores, treats, recycles or disposes of chemical substances, commercial products or wastes; (v) Waste which may contain free liquids and requires liquid waste solidification; (vi) Containers that once contained hazardous substances, chemicals, orinsecticides so long as such containers are "empty" as defined by RCRA; (vii) Asbestos containing or asbestos bearing material that has been properly secured under existing Applicable Law; (viii) Waste containing regulated polychlorinatedbiphenyls (PCBs) as defined in the Toxic Substances Control Act (TSCA); (ix) Waste containing naturally occurring radioactive material (NORM) and/or technologically -enhanced NORM (TENORM); and (x) Municipal orcommercial solidwastethat mayhavecome into comactwith any of the foregoing. (xi) Transfer Station — the Green Tech Transfer& Recycling Facility, operated by Contractor, located at 2500 Green Tech Drive, South Bend, Indiana 46613. Section 18. Force Majeure/Transfer Station Closure. Neither Party shall be in breach of its obligations under this Agreement (other than paymentobligations) if and to the extent that it is prevented from carrying out those obligations by a Force Majeure Event except to the extent that the relevambreach of its obligations would have occurred even if the Force Majeure Event had not occurred (in which case this Section 18 shall not apply to that extent). As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Lot cc Majeure Event, any Patty invoking it shall submit to the other Party reasonable proof satisfactory to the other Party of the nature of the Force Majeurc Event and of its effectupon the performance of the Patty's obligations under this Agreement. As used in this Agreement, a Force Majeure Event is any failure ordelay in performance by a Parry under this Agreement (other than a failure or delay on the part of City in making a payment to Contractor called for by this Agreement) due to contingencies beyond Contractor's reasonable control, including, but not limited to, riots, terrorist acts, compliance with Applicable Laws, fires, bad weather and acts of God. Notwithstanding anything to the contrary in this Agreement, Contractor shall have the right to close die Transfer Station, in whole or in part, either temporarily or permanently, at any time for any reason. The prior sentence notwithstanding, Contractor shall provide City with six (6) months