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<br />April 1, 2025 12 City of Pleasanton/GreenWaste Recovery, LLC
<br />obligations for providing service under this Agreement. Vendors providing materials and supplies to Contractor shall 436
<br />not be considered Subcontractors. 437
<br />“Term” means the duration of this Agreement, including extension periods if granted, as provided for in Section 4.1. 438
<br />“Tipping Fee” or “Tip Fee” is the per -Ton cost assessed by an Approved Facility or Designated Facility for Transfer, 439
<br />Transport, Processing, and/or Disposal Services plus Pass-Throughs. 440
<br />“Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000) standard pounds where 441
<br />each pound contains sixteen (16) ounces. 442
<br />“Transfer” means the process of managing the Delivery and Acceptance of Recyclable Materials at the Approved 443
<br />Facilities and the storage and loading of the Recyclable Materials into Transfer Vehicles for the purpose of 444
<br />Transporting the materials to the Approved Recyclable Processing Facility. 445
<br />“Transfer Vehicle” means a tractor and trailer designed to haul Recyclable Materials to the Approved Facilities. 446
<br />“Transport” (or any variation thereof) means the conveyance of Recyclable Materials from the point of Collection, 447
<br />or Transfer to an Approved Facility. 448
<br />“Uncontrollable Circumstance” means, except as otherwise provided in 11.9 of this Agreement: 449
<br />(1) Floods, earthquakes, other "acts of nature," war, civil insurrection, riots, acts of any government 450
<br />(including judicial action), labor unrest, including but not limited to strike, work stoppage or slowdown, 451
<br />sick-out, picketing, or other concerted job action, and other similar catastrophic events which are 452
<br />beyond the control of and not the fault of the Party claiming excuse from performance hereunder. 453
<br />However, labor unrest by employees of Contractor or of any Affiliate directed against Contractor or an 454
<br />Affiliate, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other 455
<br />concerted job action, is not an Uncontrollable Circumstance; or, 456
<br />(2) A Change in Law (as defined herein). 457
<br />“Universal Materials” or “U-Materials” means all materials as defined in Title 22, Subsections 66273.1 through 458
<br />66273.9 of the California Code of Regulations. These include, but are not limited to, Batteries, fluorescent light bulbs, 459
<br />mercury switches, and E-Materials. 460
<br />“Unpermitted Waste” means wastes or other materials that the Approved Facilities may not receive under their 461
<br />Permits, including: 462
<br />(1) All materials that the Approved Facilities are not permitted to Accept; 463
<br />(2) Asbestos, including friable materials that can be crumbled with pressure and are therefore likely to 464
<br />emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may 465
<br />be Hazardous Materials if it contains more than 1% asbestos; 466
<br />(3) Ash residue from the incineration of Solid Wastes, including Solid Waste, Infectious Waste described in 467
<br />Item (8) below, wood waste, sludge not meeting at a minimum Class B standards as defined by Title 40 468
<br />of the Code of Federal Regulations, Part 503 (The Standards for the Use or Disposal of Sewage Sludge) 469
<br />and agricultural wastes; 470
<br />(4) Auto shredder “fluff” consisting of upholstery, paint, plastics, and other non-metallic substances, which 471
<br />remain after the shredding of automobiles; 472
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