99-24 Exhibit to Temporary Extension Agreement.pdf

f Insurance Insurance ("Insurance") (“Insurance”) at at least least ten ten ((10) l 0) business days before business days 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 for for the the performance performance of of the required hereunder. services required the services hereunder. e. e. Any negative Any negative declaration, charge or declaration, charge determination by or determination by the DEP or the DEP other or other governmental entity governmental which is

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

hall remove remove all all equipment equipment within within seven seven (7) (7) days days and shall and shall be fully liable be fully liable for for any any costs costs incurred incurred in in the the removal removal ofof same. same. Any Any items items remaining remaining seven (7) after seven after days shall (7) days be deemed shall be abandoned to deemed abandoned West Orange to West for all Orange for purposes and all purposes West and West Orange shall Orange shall not be responsible not be responsible for for their their use use or or

for their their use use or or disposal. disposal. 2.23 OPERATOR 2.23 OPERATOR NON-PERFORMANCE NON-PERFORMANCE a. a. Non-performance Non-performance by by the Operator shall the Operator shall include, include, but but not not be be limited limited to, to, any any of the of the following following situations: situations: IB I. Failure to Failure to bebe open open andand accept accept Vegetative Vegetative Waste Waste during during the the days days and hours and prescribed in hours prescribed Section 2.4 in Section 2.4 and failure to and failure to be operate open, operate

operate open, operate be open, 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 toto staff Failure staff the the Facility Facility with with at at least least one(!) one (1) person during all person during all hours ofoperation; hours of operation; 3. 3. Failure to Failure provide on-site to provide on-site everyevery thirty

Failure provide on-site to provide on-site everyevery thirty thirty (30)(30) days days atat least least one one (I)(1) tub-grinder and tub-grinder and anyany other other equipment equipment necessarynecessary to to load load and and process process Vegetative Waste, unless Vegetative Waste, unless the the Operator Operator removesremoves the the Vegetative Vegetative Waste off-site Waste off-site for for disposal; disposal; 4.4. Failure toto comply Failure comply with with all all conditions conditions of of any any and and all all permits

all permits permits and and laws of Jaws of the the Township Township of of West West Orange, Orange, the the State State ofof NewNew Jersey Jersey and and the DEP; the DEP; 5. 5. The stockpiling The stockpiling of of any any items items at at levels levels or or operations operations which which areare deemed toto be deemed 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,

f discretion of the the Fire Fire Chief, Chief, Fire Fire Director Director and/or and/or Director Director of of the the Department of Department of Health Health or or their their designees; designees; 6. 6. Failure Failure to accept and to accept and process process at at no no cost cost to to the the Township Township Vegetative Vegetative Waste generated by Waste generated by the the Township Township and and delivered delivered to to the the Facility by Facility by the Department of theDepa11ment of

the Facility by Facility by the Department of theDepa11ment of Public Public Works Works for for the the Township; Township; and and 29

7.7. Any Any breach breach of any provision of any provision of this agreement. of this agreement. 2.24 PERFORMANCE 2.24 PERFORMANCE BOND. BOND. RESTORATION RESTORATION BOND AND INSURANCE BOND AND INSURANCE Before commencing Before commencing the the Work, Work, the the Operator shall furnish Operator shall furnish toto West Orange the West Orange the following: following: a.a. AA Performance Performance and and Payment Payment BondBond willwill be required atat the be required the time time of of the the signing of the contract. It must be a one year Performance and Payment Bond, signing of the contract. It must be a one year Performance and Payment in Bond, in the the form acceptable toto the form acceptable the West Orange Township West Orange Attorney, and Township Attorney, and inin the the amount equal amount equal to $500,000, duly to $500,000, duly executed