206-18 Exhibit to Resolution Authorizing Temporary Extension of Contract with Reliable Wood for Operation of Recycling Center.pdf

2.21 CHANGES TO OPERATING PROCEDURES 2.21.1 Changes to the Operating Procedures or approved equipment shall first require the approval in writing of the Township of West Orange and the NJDEP. 2.21.2 All expenses and fees required to change the Operating Procedures and/or Equipment utilized at any part of the recycling facilities shall be paid for by the Operator. 2.21.3 The Operator shall reimburse the Township for all of the Township’s expenses incurred with regard to this Agreement and all operations within seven (7) days of receipt. 2.22 TERMINATION 2.22.1 West Orange may, in its sole discretion, upon seven (7) days written notice delivered via band delivery, overnight service or telecopy transmission to the Operator, terminate or limit the services of the Operator for good cause, including, but not limited to, the following: ! { i a, Non-performance by the Operator; | b. Abandonment of the Facility by the Operator, which shall include, but not be limited to, the failure to be open and fully operational for two (2) consecutive business days; c. Failure to provide proof of renewal of the Performance and Payment Bond (“Bond”) and Certificate of Insurance (“Insurance”) at least ten (10) business days before expiration of the existing Bond and Insurance; d. Expiration or termination of any permit necessary for the performance of the services required hereunder. | e. Any negative declaration, charge or determination by the DEP or other soa a + =) --governmental-entity-which-is-net cured-within-thirty @0)-days:-and----------—--- --- -— f. Failure to reimburse the Township for any cost or expense incurred by the ‘Township within seven (7) days of being provided a written request for reimbursemenit. i 2.22.2 In the event of termination, the Operator shall remove all equipment within seven (7) ! days and shall be fully liable for any costs incurred in the removal of same. Any items remaining after seven (7) days shall be deemed abandoned to West Orange for all purposes and West Orange shall not be responsible for their use or disposal. 2.23 OPERATOR NON-PERFORMANCE a. Non-performance by the Operator shall include, but not be limited to, any of the following situations: 1. Failure to be open and accept Vegetative Waste during the days and hours prescribed in Section 2.4 and failure to be open, operate and accept materials at the Recycling Convenience

ing situations: 1. Failure to be open and accept Vegetative Waste during the days and hours prescribed in Section 2.4 and failure to be open, operate and accept materials at the Recycling Convenience Center on the days and hours prescribed in Section 2.4 (except national holidays), 28