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1 8.02.4 CERCLA Defense Records. Agency views the ability to defend 2 against CERCLA and related litigation as a matter of great importance. For this reason, 3 the Agency regards the ability to prove where Solid Waste Collected in the Agency area 4 was taken for Transfer or Disposal, as well as where it was not taken, to be matters of 5 concern. Contractor shall maintain data retention and preservation systems which can 6 establish where Solid Waste Collected in the Agency area was disposed of (and 7 therefore establish where it was not landfilled). This provision shall survive the 8 expiration of the period during which Collection services are to be provided under this 9 Agreement. Contractor shall maintain these records for a minimum of ten (10) years. 10 Contractor shall provide these records to Agency in an organized and indexed manner 11 rather than destroying or disposing of them. 12 13 8.02.5 Recyclable Materials, Commercial Organic Materials and Plant 14 Materials Collection Service Records. Records shall be maintained for Agency that 15 relate to: 16 17 A. Records described in 8.02.3, above; 18 19 B. Recyclable Materials, Commercial Organic Materials and 20 Plant Materials Collection participation especiall y as related to determining 21 participation and set-out rates and implementing programs to increase existing 22 participation and to expand diversion (names, addresses, contacts made, etc.); 23 24 C. Recyclable Material sales value; 25 26 D. Weight of material by type; and, 27 28 E. End use and markets. 29 30 8.02.6 Transfer and Disposal Records. Contractor shall maintain records 31 of Transfer, Disposal and processing of all Solid Waste Collected in Agency for the 32 period of this Agreement and all extensions to this Agreement or successor Agreements 33 at the Transfer Station or Disposal Site. In the event Contractor discontinues providing 34 Solid Waste services to Agency, Contractor shall provide all records of Transfer and 35 Disposal or processing of all Solid Waste Collected in Agency within thirty (30) days of 36 discontinuing service. Records shall be in chronological and organized form and 37 readily and easily interpreted. 38 39 8.02.7 Other Programs' Records. Records for other programs shall be 40 tailored to specific needs. In general, they shall include: 41 42 A. Plans, tasks, and milestones; and, 43 Atty j Agr j 2005.022 060205 -42-