AG 2018 12 17 - Laserfiche WebLink

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2. Services. Company will receive, process, and market all Rceyclables delivered to the Facility by the Supplier (`Services"). Company will provide Supplier with a monthly report which shall indicate the date, time, and net weight for each load, a report of the total tons received for that calendar month, and a billing summary. 3. Delivery of Recyclables. Supplier shall deliver or cause to be delivered to the Facility all Recyclables received through or by collections made by Supplier from each Customer. Title to the Recyclables shall pass from Supplier to Company upon acceptance at the Facility except as set forth in Section 2.3(b) below. Supplier represents and warrants to Company that it has the legal right to deliver the Recyclables to Company and for Company to take title thereto. 4. Acceptable Materials, 4.1 Materials Acceptance Protocol. Supplier shall comply with the Materials Acceptance Protocol set forth in Schedule A, and shall deliver only Acceptable Materials to the Facility. Any material that is not listed as "Acceptable Material" is "Unacceptable Material". 4.2 Right to Inspect. Company shall have the right to inspect all inbound loads from the Supplier. Company shall have the right to reject (i) any delivery from the Supplier which contains or appears to contain by volume or weight more than 10% Unacceptable Material, or which contains or appears to contain any amount of hazardous, toxic, radioactive or similarly dangerous Unacceptable Material (each such rejected load an "Unacceptable Load"); or (ii) any large or unsafe Unacceptable Material items such as TV's, air conditioning units, wood (including without limitation lumber, tree branches or shrubbery), or scrap metal ("Rejectable Materials"). The entire cost resulting from Supplier's delivery of any Unacceptable Load or Rejectable Materials (including without limitation transportation, re -loading, clean-up, alternate disposal and the like) which at a minimum shall include an Unacceptable Material Fee in the amount of up to $200.00 shall be the sole responsibility of the Supplier, and Supplier shall reimburse Company for any such costs incurred by Company. 4.3 Indemnification for Unacceptable Materials. Supplier shall indemnify, hold Company harmless, and promptly reimburse Company for all damages, losses and expenses, including reasonable attorney's fees and federal, state or local fines and penalties, resulting from the inclusion of any Unacceptable Material in any load delivered by the Supplier to the Facility, regardless of any allegation that Company should have discovered the inclusion of such materials prior to accepting delivery of such load. 5. Homs of Operation. The Facility Hours of Operation are as follows: Monday through Friday: 7 a.m. to 4:30 p.m. Saturday: 7 a.m. to 11:00 a.m. Holiday Closings: Thanksgiving Day mrd Christmas Day Should additional deliveries be required at the Facility at times other than what is listed in this section, arrangements will be made through mutual agreement of the Parties. 6. Tom. The Parties expect approximately 525 tons per month of Recyclables to be generated from Supplier. The Parties acknowledge that failure to achieve such approximate amount will not be a breach of this Agreement so long as Supplier is complying with the requirements of Section 4.1 of the Agreement. Page 53