293-22 Exhibit A.pdf

exceed the 276 cubic yards in the thirty (30) day period at a rate of $15 per cubic yard. Reliable agrees to provide all necessary documentation or information required by FEMA for the Township to seek reimbursement of the amounts paid to Reliable pursuant to this provision. (e) In the event that: (i) the Governor of the State of New Jersey adopts an Executive Order declaring a State of Emergency arising from a major weather event; and (ii) the amount of Class-B materials received from an approved source within the Township exceeds 276 cubic yards in a thirty (30) day period following the adoption of the Executive Order; Reliable may reduce the amount of rent due for the following month for the amount of Class-B materials for that thirty (30) day period that exceed the 276 cubic yards in the thirty (30) day period at a rate of $15 per cubic yard up to, but not to exceed the total rent due during that thirty (30) day period. a. To initiate any claims as per paragraphs (d) or (e), Reliable shall submit copies of all incoming load tickets that clearly indicate the municipality of origin for the Class B material being delivered to the property. The incoming ticket shall indicate the volume of material received, the type of vehicle used to deliver the maiteriai, the iicense piate number of the vehicle and the fees charged for the entire load of Class B material being deposited. (f) Reliable may charge residents for the acceptance of tires at a rate not to exceed $ $5 per tire for regular passenger tires, this provision shall not apply to the acceptance of tires generated by or from municipal vehicles which Reliable shall accept at no charge to the Township. 4. Early Termination Provision — Reliable may terminate this Agreement by providing the Township with at least one hundred eighty (180) days prior notice of its intent to terminate this Agreement if in any three year period of this Agreement: (a) Reliable has been adjudicated as having violated the Air Pollution Control Act, N.J.S.A. 26:2C-1, et. seq. and the regulations of the Department of Environmental Protection (the “DEP”) at N.J.A.C. 7:27-1.1, et. seq.; (b) Reliable has been assessed and pays monetary fines or penalties in excess of $50,000; (c) Reliable has provided records to the Township of incoming and outgoing Class B materials in and from the Facility on a monthly basis; and (d) Reliable

ry fines or penalties in excess of $50,000; (c) Reliable has provided records to the Township of incoming and outgoing Class B materials in and from the Facility on a monthly basis; and (d) Reliable has made all reasonable and requisite efforts to avoid such violations, including, but not limited to: (i) operating the odor control system at the Facility during grinding, during Opening piles of any materials at the Facility, and/or during periods of high winds as required under this Agreement; (ii) maintaining the materials below the levels and amounts set forth in Paragraph 3(b) of this Agreement; and 3