Agmt05 BFI Waste Systems - Laserfiche WebLink

Browse Search

1 Exhibit A 2 DEFINITIONS 3 4 This Agreement will be construed in accordance with the following definitions. 5 Act 6 II Act" means the Act of 1989 (AB939) Public Resources Code, Section 40000 et seq., as it 7 may be amended from time to time. 8 Mfiliate 9 "Affiliate" means all businesses (including corporations, limited and general 10 partnerships and sole proprietorships) which are directly or indirectly related to 11 Contractor by virtue of direct or indirect ownership interest or common management 12 shall be deemed to be "Affiliated with" Contractor and included within the term 13 "Affiliates" as used herein. An Affiliate shall include a business in which Contractor 14 owns a direct or indirect ownership interest, a business which has a direct or indirect 15 ownership interest in Contractor and/ or a business which is also owned, controlled or 16 managed by any business or individual which has a direct or indirect ownership 17 interest in Contractor. For purposes of determining whether an indirect ownership 18 interest exists, the constructive ownership provisions of Section 318(a) of the Internal 19 Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; 20 provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent 21 (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 22 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this 23 paragraph and constructive or indirect ownership under Section 318(a), ownership 24 interest of less than ten percent (10%) shall be disregarded and percentage interests 25 shall be determined on the basis of the percentage of voting interest or value which the 26 ownership interest represents, whichever is greater. 27 Agency 28 "Agency" means the municipal corporation or political subdivision (as the case may 29 be) of the State of California named a party to this Agreement and which is also an 30 active member of the SBWMA. 31 Agreement 32 "Agreement" means this Agreement, including any amendments, between Agency and 33 Contractor. 34 Billings 35 "Billings" means any and all statements of charges for services rendered, howsoever 36 made, described or designated by Contractor, or made by others for Agency or 37 Contractor, to Owners or occupants of property, including Residential Property and