Agenda - 06-07-2011 - 5i - Laserfiche WebLink

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~~ SECTION 5 Time and Performance: Contractor shall begin the services to be performed under this Agreement upon Notice to Proceed from the County, and shall take any necessary actions to assure readiness for, and successful completion of, the Household Hazardous Waste Collection Program, the Conditionally Exempt Small Quantity Generator Program, and the provision of services to Local Government entities and Public School Systems within or mostly within Orange County. SECTION 6 Termination: Either Contractor or the County may terminate this Agreement for convenience and without cause, upon one hundred twenty (120) days' prior written notice to the other party. Such termination shall be without prejudice to any remedy Contractor or the County may have pertaining to this Agreement. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The County shall pay for any such work in progress that is completed by Contractor and accepted by the County. SECTION 7 Excuse of Performance: The County's obligation to deliver and Contractor's obligation to accept for disposal any waste pursuant to this Agreement may be suspended by either party in the event of any of the following events which prevent the delivery, transportation, acceptance, treatment, incineration, or disposal of the Waste: act of God, war, riot, fire, explosion, accident, flood, sabotage; compliance with governmental requests, laws, regulations, orders or actions; revocation or modification of governmental permits or other required licenses or approvals; national defense requirements or any other event beyond the reasonable control of such party; labor trouble, strike, lockout or injunction; provided, however, that the event is not due to acts or omissions which are in the reasonable control of the party claiming an excuse of performance, and further provided that neither party shall be required to settle a labor dispute against its own best judgment. The parties shall use their best efforts to perform this Agreement upon the cessation of the event giving rise to the delay. SECTION 8 Generator of and Title to Waste: The Contractor shall be deemed to be the "Generator" for record keeping and paperwork purposes, of all household hazardous wastes accepted by the Contractor during the Household Hazardous Waste Program from residents of the County's service areas. The "Generator" of the Waste pursuant to applicable law shall be determined in accordance with applicable law. Title to all identified household hazardous wastes accepted by the Contractor while performing household hazardous waste management services under this Agreement for transport, recycling and disposal by the Contractor shall pass directly from program participants to the Contractor at the time of Contractor's acceptance of said waste, except as explicitly stated herein, for example 12