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acceptance by NBSW and, upon such accepta ce,Town shall not be considered the generator of such
<br /> wastenor incur any liability therefor for any purpose. NBSW acknowledges its right to inspect Towns,Solid
<br /> "waste for the presence of Unacceptable Solid Waste prior to final acceptance. -in the event that NBSW has
<br /> not undertaken any such inspections thien, except as otherwise,expressly provided in this Agreement,
<br /> NBSW hereby waives any right to challenge the condition of Town's Solid Waste and upon final acceptance
<br /> of Town's,solid waste, it shall be deemed Acceptable,Solid Waste.Title and ownership to all Acceptable
<br /> Solid Waste shall pass to NBWS and Town shall not be considered the generator of such ,Solid Waste for
<br /> any
<br /> purposes a g '
<br /> purpo�e�� for ur oyes of this� ree�rnent, co �,� l�n shall occur when Town's Slid waste is mixed
<br /> .
<br /> with other Solid. aste generated from any other source not the Town.
<br /> SOLID5. SPECIAL.HAND LI'N-G OFUNACCEPTABLE If NBWS elects to handle, rather than reject,
<br /> "Unacceptable Solid waste" generated by the'Town, NBWS,shelf have the right to manage the same in the
<br /> manner deemed most appropriate by NEWS given the characteristics of the "Unacceptable Solid Waste".
<br /> C may assess and Town shall pay additional fees associated with the delivery of"Unacceptable Solid
<br /> "waste', including, but not limited to,special handling or disposal charges, and costs associated with
<br /> different quantities of waste, different delivery dates, modifications in operations,specialized equipment,
<br /> and other operational, environmental, health., safety or regulatory requirements. Prior to processing any.
<br /> Unacceptable Solid.Waste, NBWS shall notify Torn in writing of its election to accept, handle and process
<br /> the Town's Unacceptable Solid Waste which notice shall also specify the additio-nal costs,fees and charges,
<br /> if any, associated with N-BSW's election and may only proceed to accept, handle, and process the Town's
<br /> Unacceptable S,Dlid Waste after Town's written direction to NBSW to proceed accordingly.
<br /> N "S WARRANTIES. NBW� hereb represents and warrants that. (a).N W��.�. � y p w%ilmanage the ""Acceptable,
<br /> solid waste' in a safe manner compliance'and full co Bence ith all licab e Law, and (b) it�will use dis o;sal
<br /> ppp.
<br /> facilities that have been issued permits, licenses, certificates or approvals required a e
<br /> it
<br /> Law necessary to ai-low the facility to accept,treat and/or dispose of"Acceptable Solid Waste,".,NBSW-
<br /> agrees to accept Acceptable Solid Waste from the Town,at its transfer-station and handling fa-cility located
<br /> at 48 Cranberry highway, Rochester, MA(the'Facility")or at such other facility as NBSW,shall designate
<br /> from time to time. If NBSW desi n'ates another facility for acceptance, N BSW agrees to reimburse the
<br /> Town-for any additional transportation costs incurred b the gown. The obl� at o-n o
<br /> p y "� f NBSW to accept.
<br /> Town's,Acceptable Solid Waste at the"Facility is unconditional and shall not be dependent on the ability of
<br /> NRS to secure the necessary permits and approvals for or to construct theAdvanced Recycling Facility
<br /> is
<br /> which
<br /> . the subject of NBIS 's current application before the,Massa chusetts Department of
<br /> Environmental Protectiori filed on"May 30, 2013 (the "NBSW Advance Recycling Facility"). Further, NBSW,
<br /> for itself and for its Affiliates, defined below in Section 14, herebyrepresents and warrants to gown as
<br /> follows;
<br /> A. NBSW and its Affiliates are engaged in the solid waste disposal business, has developed the requisite
<br /> expertise for performing that work, has adequate resources and equipment in good working order
<br /> to,geth&with fully trained'and experienced personnel capable of performing the services required of%t
<br /> WASTE DISPOSAL AG R EMENTPage 3
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