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July 15, 2024 Page 9 City of San Leandro/ACI Franchise Agreement by the operator of the Approved or Designated Facility. If Contractor is unable to use the Approved 297 Reusable Materials Processing Facility due to reasons beyond Contractor’s, or its Subcontractor’s, 298 reasonable control, such as an emergency or sudden and unforeseen closure of the facility, Contractor 299 shall immediately notify the City Contract Manager, and shall use an alternative facility(ies). Such an 300 alternative facility shall be identified by Contractor in its notice to the City Contract Manager. Contractor 301 shall continue to use such alternative facility(ies) until: (i) the Approved Reusable Material Processing 302 Facility is reopened and functioning in a manner consistent to the operations prior to closure; (ii) until the 303 City Contract Manager approves the use of the alternative facility as the permanent facility; or, (iii) the 304 City Contract Manager identifies and directs Contractor to use another facility. Contractor shall, as 305 requested by the City Contract Manager, assist in identifying and in arranging for use of an alternative 306 facility(ies). During such time, to the extent feasible, Contractor shall continue to comply with the 307 requirements of Article 6. 308 If Contractor is unable to use a Designated Facility due to reasons beyond Contractor’s, or its 309 Subcontractor’s, reasonable control, such as an emergency or sudden and unforeseen closure of the 310 facility, Contractor shall immediately notify the City Contract Manager, and shall use an alternative 311 facility(ies) as directed by the City Contract Manager. Contractor shall continue to use such alternative 312 facility(ies) until the Designated Facility is reopened and the City Contract Manager has approved 313 recommencing use of such facility or until the City Contract Manager directs Contractor to use another 314 facility. Contractor shall, as requested by the City Contract Manager, assist in identifying and in arranging 315 for use of an alternative facility(ies). During such time, to the extent feasible, Contractor shall continue to 316 comply with the requirements of Article 6. 317 Except for the conditions described in this Section, Contractor shall not change its selection of the 318 Approved or Designated Facility(ies). If Contractor uses one or more alternative facility(ies) in accordance 319 with this Section 4.1, City shall adjust, either up or down, Contractor’s Compensation for changes in 320 Transportation, Transfer, Processing and/or Disposal costs associated with use of the alternative 321 facility(ies). 322 4.2 RECYCLABLE MATERIALS 323 A. Collection. Contractor shall provide Recyclable Materials Collection services as described in Exhibit 324 B. 325 B. Transfer. Contractor may Transport Recyclable Materials to the Designated Transfer Facility where 326 the materials will be unloaded from Collection vehicles and loaded into large-capacity vehicles and 327 Transported to the Designated Recyclable Materials Processing Facility. 328 C. Processing. Contractor shall Transport and deliver all Source Separated Recyclable Materials placed 329 by Customers in Recyclable Material Containers in the City to the Designated Recyclable Materials 330 Processing Facility. All tipping fees and other costs associated with Transporting such Recyclable 331 Materials to the Designated Recyclable Materials Processing Facility shall be paid by Contractor. 332 Contractor shall observe and comply with all regulations in effect at the Designated Recyclable 333 Materials Processing Facility and cooperate with and take direction from the operator thereof with 334 respect to delivery of Recyclable Materials. Contractor shall actively work with the Designated 335 Recyclable Materials Processing Facility operator throughout the Term of this Agreement to ensure 336 that contamination of the Recyclable Materials Collected under this Agreement delivered to the 337 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A