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April 9, 2025 27 City of Pleasanton/GreenWaste Recovery, LLC <br />in writing if a particular Load’s Contamination level is excessive based on visual inspection. Contractor will 1025 <br />provide pictures and truck identification documentation of each Load characterized as such. 1026 <br />Contractor will not reject Loads or charge any Contamination fees, but shall Process each Load using 1027 <br />commercially reasonable efforts to maximize Diversion. Loads documented as containing excess 1028 <br />Contamination shall not count towards the Diversion Guarantee in Section 5.4 G. 1029 <br />If a Load contains Unpermitted Waste characterized as Items (2) through (12) in the definition of the 1030 <br />Unpermitted Waste, this Section shall not be applicable. In such case, the Unpermitted Waste shall be handled 1031 <br />in accordance with Section 6.1. 1032 <br />5.6 Guaranteed Capacity1033 <br />Contractor shall secure sufficient capacity to Transfer and Process all Recyclable Materials Collected in the City by 1034 <br />the Franchised Collector and shall cause the Approved Recyclable Materials Processing Facility to Process, Divert, 1035 <br />and Market the Recoverable Recyclable Materials. Contractor shall provide the City, upon request, with 1036 <br />documentation demonstrating the availability of such capacity. 1037 <br />5.7 Permits1038 <br />A. Securing Permits. Contractor shall obtain and maintain, at Contractor’s sole cost, all Permits required under1039 <br />Applicable Law to perform Services. Contractor shall provide the City copies of Permits for the Approved 1040 <br />Facilities, and shall demonstrate compliance with the terms and conditions of Permits within ten (10) Days of 1041 <br />the City’s request. In its Monthly Report or more frequently, as necessary, Contractor shall inform the City of 1042 <br />Contractor’s status of securing the issuance, revision, modification, extension or renewal of Permits, including 1043 <br />those at its or an Affiliate’s Approved Facilities. Within ten (10) Days following the City’s request, Contractor 1044 <br />shall provide the City with copies of any applications or other correspondence that Contractor submits in 1045 <br />connection with securing Permits. 1046 <br />B. Complying with Permits. Contractor shall comply with all Permits, including any mitigation measures related 1047 <br />to the operation and maintenance of the Approved Facilities, at no additional cost to the City. If Contractor 1048 <br />provides any documentation verifying compliance with Permit conditions to the permitting authority, 1049 <br />Contractor shall provide that same documentation to the City at the same time. Contractor is solely 1050 <br />responsible for paying any fines or penalties imposed for noncompliance with or violation of Permits or failure 1051 <br />to obtain Permits. 1052 <br />5.8 Ownership of Recyclable Materials1053 <br />Once Recyclable Materials are Delivered by the Franchised Collector and Accepted by Contractor at the Approved 1054 <br />Recyclable Materials Processing Facility, ownership and the right to possession of Recyclable Materials shall transfer 1055 <br />directly from the Franchised Collector to Contractor upon the earlier occurrence of either: (i) Processing the material; 1056 <br />or, (ii) the end of the Day’s defined hours for Acceptance of materials, which are specified in Section 6.2. 1057 <br />Both benefits and liabilities resulting from ownership and possession of the Recyclable Materials shall accrue to 1058 <br />Contractor. 1059 <br />5.9 Cooperation and Disputes with Franchised Collector1060 <br />Contractor shall fully comply with its obligations to provide Services, including receipt of Deliveries and Acceptance 1061 <br />of Recyclable Materials from the Franchised Collector at the Approved Recyclable Materials Processing Facility and 1062 <br />        <br /> Docusign Envelope ID: B9D91F28-4A42-4ED7-9248-1A1839D4B6C9