99-24 Exhibit to Temporary Extension Agreement.pdf

telecopy transmission transmission to to the the Operator, Operator, terminate terminate or or limit limit the the services of services of the the Operator Operator for for good good cause, cause, including, including, but but not not limited limited to, to, the the following: following: 29 29

a. a. Non-performance by Non-performance by the the Operator; Operator; b. b. Abandonment of Abandonment of the the Facility Facility byby the the Operator, Operator, which shall include, which shall include, butbut not not be limited be limited to, to, the the failure failure toto be be open open and and fully fully operational operational forfor two two (2) (2) consecutive business consecutive business days; days; C. c. Failure to Failure to provide provide proofproof ofof renewal renewal of of the the Performance Performance and and Payment Payment Bond Bond (“Bond”) and Certificate of Insurance (“Insurance”) at least ten (10) (“Bond”) and Certificate

Payment Bond Bond (“Bond”) and Certificate of Insurance (“Insurance”) at least ten (10) (“Bond”) and Certificate of Insurance (“Insurance”) at least ten (10) business days business days before before expiration expiration of of the the existing existing Bond Bond and and Insurance; Insurance; d. d. Expiration or Expiration or termination termination of of any any permit permit necessary necessary forfor the the performance performance of of the services the services required required hereunder. hereunder. e. e. Any negative Any negative declaration, declaration, charge charge or or determination determination by by the the DEP DEP or or other other governmental

DEP or or other other governmental entity governmental entity which which is is not not cured cured within thirty (30) within thirty (30) days; days; and and f. f. Failure to Failure to reimburse reimburse the the Township Township for for any any cost cost or or expense expense incurred incurred by by the the Township within Township within seven seven (7)(7) days days ofof being being provided provided aa written request for written request for reimbursement. reimbursement. 2.22.2 In 2.22.2 In the the event event ofof termination, termination, the the Operator

.22.2 In 2.22.2 In the the event event ofof termination, termination, the the Operator Operator shall shall remove remove all all equipment equipment within seven (7) within seven (7) days days and shall and shall bebe fully fully liable liable for for any any costs costs incurred incurred in in the the removal removal ofof same. same. AnyAny items items remaining remaining after seven after seven (7) (7) days days shall shall bebe deemed deemed abandoned abandoned to to West Orange for West Orange for all all purposes purposes and and West

d and West West Orange shall Orange shall not not be be responsible responsible forfor their their use use or or disposal. disposal. 2.23 OPERATOR 2.23 OPERATOR NON-PERFORMANCE NON-PERFORMANCE a. a. Non-performance by Non-performance by the the Operator Operator shall shall include, include, but but not not be be limited limited to, to, any any of the of the following following situations: situations: 1. 1. Failure to Failure to be be open open and and accept accept Vegetative Vegetative Waste Waste during during the the days days and hours

ing the the days days and hours and hours prescribed prescribed in in Section Section 2.4 2.4 and and failure failure to to bebe open, open, operate operate and accept and accept materials materials at at the the Recycling Recycling Convenience Convenience Center Center on on the the days and days and hours hours prescribed prescribed in in Section Section 2.4 2.4 (except (except national national holidays); holidays); 2. 2. Failure to Failure to staff staff the the Facility Facility with with at at least least one

the Facility Facility with with at at least least one one (1) (1) person person during during all all hours of hours of operation; operation; 3. 3. Failure to Failure to provide provide on-site on-site everyevery thirty thirty (30) (30) daysdays at at least least one one (1) (1) tub-grinder and tub-grinder and any any other other equipment equipment necessary necessary to to load load and and process process Vegetative Waste, Vegetative Waste, unless

process Vegetative Waste, Vegetative Waste, unless unless the the Operator Operator removes removes the the Vegetative Vegetative Waste off-site for Waste off-site for disposal; disposal; 4, 4. Failure to Failure to comply comply with with all all conditions conditions of of any any andand allall permits permits andand laws of laws of the the Township Township of of West West Orange, Orange, the the State State of of New New Jersey Jersey and and the DEP; the DEP; 5. 5. The stockpiling The stockpiling of of any any items items at at levels

any items items at at levels levels or or operations operations which which are are deemed to deemed to be be aa fire, fire, safety safety and/or and/or health health concern concern in in the the sole sole discretion of discretion of the the Fire Fire Chief, Chief, Fire Fire Director Director and/orand/or Director Director of of the the Department of Department of Health Health or or their their designees; designees; 6. 6. Failure to Failure to accept accept and and process process at at no