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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />A. The County shall cause the Facility to charge the City a Tipping Fee of $45.00 per <br />ton, guaranteed for the term of this contract. No increase is permitted except by <br />written permission of the City. <br /> <br />B. If the County directs the City's contracted hauler to deliver waste to a Back-up <br />Facility, the City shall pay the amounts that would have otherwise been payable to <br />the Facility, less a credit of $1.00 per mile for the round-trip from the Facility to the <br />Back-up Facility, as determined by the County. The City shall pay said amounts in <br />accordance with payment instructions from the County and the County shall pay the <br />charges at the Back-up Facility. <br /> <br />C. The City agrees to comply with such reasonable billing and payment procedures as <br />the Facility operator or the County may periodically adopt. <br /> <br />D. For purposes of determining the amounts due, the number of tons of waste delivered <br />pursuant to this Contract during the month shall be established by the weight <br />records from the Facility or Back-up Facility scales. In the event such scales are <br />down, cubic yards will be converted into weights following the procedures set forth <br />in the Department of Revenue regulations for collecting the landfill surcharge tax, <br />unless the County is able to verify from records that a different conversion <br />procedure is more accurate for the waste delivered. <br /> <br />ARTICLE VII. NOTICE REQUIREMENTS <br /> <br />A. The County shall notify the City and the contracted haulers in writing if any <br />additional chemical or other substance shall be considered Unacceptable Waste. <br /> <br />B. The County or the Facility operator shall provide written or verbal notice to the City <br />and the contracted Haulers in the unlikely event the Facility is not accepting waste. <br /> <br />ARTICLE VIII. DEFAULT <br /> <br />A. City Default. The following shall constitute defaults by the City: <br /> <br />1. Hauling Acceptable Waste to a landfill or a site other than the Facility, unless <br />directed to do so by the County or as may be otherwise allowed under this <br />Contract; <br /> <br />4. Failure to make timely payment of Tipping Fees charged; <br /> <br />5. Persistent and repeated failure to fulfill any of its material obligations under this <br />Contract; or <br /> <br />B. County Default. The following shall constitute default by the County: The persistent <br />and repeated failure to fulfill any of its material obligations under this Contract. <br /> <br />6 <br />