3.5. SR 04-12-2010 - Laserfiche WebLink

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E. Use of Facility. The Hauler agrees that it will comply with such reasonable rules and regulations regarding the use of the Facility as GRE may periodically adopt. F. Licensing and Compliance with Law. The Hauler agrees to (1) maintain and comply with the requirements of all permits and operating licenses applicable to the Facility; and (2) comply with all federal, state or local laws, rules, regulations or ordinances. G. Mattresses. In addition to all other charges, the Hauler agrees to pay to GRE the mattress charge established by GRE from time to time. H. Hauler Rebate. The Counties will implement, and will continue to offer through December 31, 2012, a rebate (the "Hauler Rebate") that will require the Counties to pay the Hauler a processing rebate for each ton of MSW accepted at the Facility or the Back-up Disposal Facility. The amount of the Hauler Rebate is as set forth on the attached Exhibit A. The County from where the MSW originated will pay the processing rebate directly to the Haulers; GRE will not be responsible for obtaining Hauler Rebates on behalf of the Hauler or for paying Hauler Rebates on behalf of the Counties. GRE will have no liability or obligation in the event a County fails to pay the Hauler Rebates to the Hauler. III. TERM. This Agreement shall be in effect from the Effective Date through December 31, 2014 and shall thereafter automatically renew for two (2) additional five (5) year periods on the terms and conditions set forth herein unless earlier terminated pursuant to Section VI below. IV. REMEDIES. In the event the Hauler fails to deliver the Contracted Tonnage of Acceptable Waste to the Facility for any of the periods specified in Section II.A.1. during the Term of this Agreement, GRE will be entitled to liquidated damages. The amount of the liquidated damages shall be determined by multiplying the applicable Tipping Fee for such period by the difference between the tons of Contracted Tonnage of Acceptable Waste scheduled for delivery minus the total tons of Acceptable Waste actually delivered to the Facility for such period. The liquidated damages shall be payable within fifteen (15) days of the end of the applicable period. V. FORCE MAJEURE. In the event any party is rendered unable, wholly or in part, by an event of Force Majeure to carry out any of its obligations under this Agreement, then the obligations of such party, to the extent affected by such an event of Force Majeure and to the extent that reasonable business efforts are being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused by the event of Force Majeure but for no longer period. Any time that a party intends to rely upon an event of Force Majeure to excuse or suspend its obligations hereunder as provided in this Section, such party shall notify the other parry as soon as is reasonably practicable, describing in reasonable detail the circumstances of the event of Force Majeure. Notice shall again be given when the effect of the event of Force Majeure has ceased. -6-