Agmt05 BFI Waste Systems - Laserfiche WebLink

Browse Search

1 2 3 4 5 6 7 8 9 10 11 12 1:3 14 15 16 17 18 19 20 21 22 2:3 24 25 26 27 28 29 :30 :31 :32 :3:3 :34 :35 :36 :37 :38 :39 40 41 42 4:3 controversy and to make advisory findings of fact. The panel's findings of fact shall be written and shall identify the evidence upon which each finding, respectively, is based. 3) Costs. All costs associated with the review by the fact- finding panel shall be borne solely by Contractor as an Operating Cost, except that Agency shall bear the costs and fees of its own attorney or attorneys and its witnesses. 4) Limitation. The provisions of this Section 5.023 shall apply solely to controversies within the provisions of this Article 5, and expressly shall not apply to controversies, if any, which may arise under Article 6. E. Remedies. 1) Named. Remedies available to Agency pursuant to this Article include the issuance of a Compliance Order, Termination Order, or Order for Payment of Compensatory Damages, which terms are defined and described hereinafter. Such Orders may be issued subject to such terms and conditions as the Manager (in the case of Compliance Orders) and the Agency Council/Board (in the case of all such Orders issued by it) shall deem appropriate. 2) Compliance Order. A Compliance Order may be issued by the Manager or the Agency Council/Board upon a determination that Contractor has violated, or is in continuing violation of, any of its duties or obligations, either express or implied, under this Agreement, and shall direct Contractor forthwith to cease such violation, and may specify, if appropriate, the time within which such violation shall be remedied, and otherwise establish terms and conditions governing compliance thereunder. 3) Termination Order. If the Agency Council/Board determines that Contractor has violated, or is in continuing violation of, Section 11.01 C, E, F, I, J or K under this Agreement, the Agency Council/Board may order termination of this Agreement. Such Termination Order shall be effective not less than thirty (:30) days from the date of the Termination Order. Contractor shall not be entitled to any further revenues from Collection operations authorized hereunder from and after the effective date of termination. 4) Order for Payment of Compensatory Damages. If the Agency Council/Board determines that Contractor has violated, or is in continuing violation of, any of its duties or obligations, either express or implied, under this Agreement, which has caused loss of revenues to Agency, or caused Agency to incur unnecessary costs or has caused loss or damages to any Person, it may order Contractor to pay compensatory damages therefore to Agency, or to the Person so damaged. Attyj Agrj2005.022 060205 -32-