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EXHIBIT A
<br />DEFINITIONS
<br />July 15, 2024 Page A-2 Post-Collection Agreement, Exhibit A
<br />“Accept,” “Accepted,” or “Acceptance” (or any variation thereof) means and refers to materials that
<br />have been delivered to an Approved Facility and have been received by the Contractor for Processing
<br />and/or Disposal, in accordance with facility permits and Applicable Law.
<br />“Act” means the California Integrated Waste Management Act of 1989 set forth in PRC Section 40000, et
<br />seq.
<br />“Advanced Clean Fleets (ACF) Rule” means the California Code of Regulations, Title 13, Sections 2013,
<br />2013.1, 2013.2, 2013.3, 2013.4, 2014,2014.1, 2014.2, 2014.3, 2015, 2015.1, 2015.2, 2015.3, 2015.4,
<br />2015.5, 2015.6, and 2016 of the Public Resources Code, as it may be amended supplemented, superseded,
<br />and replaced, and as implemented by the regulations of the California Air Resources Board (CARB).
<br />“Affiliate” means all businesses (including corporations, limited and general partnerships, and sole
<br />proprietorships) that are directly or indirectly related to Contractor by virtue of direct or indirect
<br />Ownership interests or common management, and shall be deemed to be "Affiliated with" Contractor and
<br />included within the term "Affiliates" as used herein. An Affiliate shall include: (i) a business in which
<br />Contractor has a direct or indirect Ownership interest; (ii) a business, which has a direct or indirect
<br />Ownership interest in Contractor; and/or, (iii) a business, which is also Owned, controlled, or managed by
<br />any business or individual that has a direct or indirect Ownership interest in Contractor. For the purposes
<br />of this definition, “Ownership” means ownership as defined in the constructive ownership provisions of
<br />Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date here, provided that ten
<br />percent (10%) shall be substituted for fifty percent (50%) in Section 318(a)(2)(C) and in Section
<br />318(a)(3)(C) thereof; and Section 318(a)(5)(C) shall be disregarded. For purposes of determining
<br />Ownership under this paragraph and constructive or indirect Ownership under Section 318(a), Ownership
<br />interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined
<br />on the basis of the percentage of voting interest of value which the Ownership interest represents.
<br />“Agreement” means this Agreement between City and Contractor, including all Exhibits, and any future
<br />amendments hereto.
<br />“Alameda County Waste Management Authority” or “ACWMA” means the public agency formed in 1976
<br />by a Joint Exercise of Powers Agreement among the County of Alameda, each of the fourteen (14) cities
<br />in the County, and two (2) sanitary districts that provide refuse and Recycling Collection services. ACWMA
<br />includes agencies governed by the ACWMA such as StopWaste.
<br />“Alternative Daily Cover” or “ADC” has the same meaning as in 27 CCR Section 20690.
<br />“Alternative Facility(ies)” means the Processing and/or Disposal Facility pre-approved by the City for use
<br />under the limited circumstances defined in Section 4.1.B. The initial Alternative Facilities are as follows:
<br />(i) Redwood Landfill, Novato for Disposal; (ii) Redwood Landfill (CASP) for Organic Materials Processing,
<br />and (iii) Redwood Landfill, Guadalupe Landfill, San Jose, and K & M Recycling, Sacramento for C&D
<br />Processing.
<br />Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C
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