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<br /> b. A Non Equity Member shall not be required to pay an equity equalizing
<br /> payment, and sha11 not have the rights and liabilities of Equity Members,
<br /> particularly under Section 15 Withdrawal and Section 16 on Termination of
<br /> the JPA. The Non Equity Member shall, however, direct its flow of Solid
<br /> Waste, Recyclable Material, and Plant Material to the Facilities subject to the
<br /> exception in Exhibit D hereto, and comply with the terms of the JPA with
<br /> respect to the flow of Solid Waste, Recyclable Material, and Plant Material.
<br /> T'he Non Equity Member sha11 be entitled to participate in Board Meetings and
<br /> activities, and receive all notices and information. However, it shall not be
<br /> entitled to vote on any matter before the Board, or on any other matter unless
<br /> the right to vote is expressly provided for the Non Equity Member.
<br /> c. Exhibit A hereto sha11 designate Equity Members and Exhibit B
<br /> shall designate Non Equity Members.
<br /> 6.4 All Members. Equity Members and Non-Equity Members sha11, during the term
<br /> of this Agreement, equally have the right to direct the flow of Solid Waste, Recyclable Material
<br /> and Plant Material to the Facilities. With respect to the Uniform Franchise Agreement all Equity
<br /> and Non-Equity Members shall have the right to participate in Board deliberations and
<br /> negotiations and to vote on all matters, including rates, that are contained therein.
<br /> ARTICLE 7. POWERS
<br /> 7.1 SBWMA Powers. The SBWMA is authorized, but is in no way required, to act
<br /> in its own name on any or a11 of the following matters, as each Member could act separately, and
<br /> as it deems in the best interest of its Members, to the extent permitted by any and all applicable
<br /> laws, codes, ordinances, resolutions and regulations:
<br /> a. Acquire, construct, finance, refinance, operate, regulate, and maintain
<br /> Facilities.
<br /> b. Acquire, improve, hold, lease, and dispose of real and personal property of a11
<br /> types.
<br /> c. Enter into agreements to operate Solid Waste, Recyclable Material, and Plant
<br /> Material Transfer, Transport and Processing Facilities.
<br /> d. Plan, study, and recommend proper and appropriate Solid Waste Recyclable
<br /> Material and Plant Material Transfer, Transport and Processing management
<br /> practices. Research and study issues related to Solid Waste Generation,
<br /> Collection, Transfer, Processing, Diversion, and Disposal, including but not
<br /> limited to source reduction, re-use, Recycling, and recovery.
<br /> e. Resolve disputes between the public and any entities providing Solid Waste,
<br /> Recycling Material, and Plant Material Transfer, Transportation and
<br /> Processing services.
<br /> f. Plan, design, and implement programs that address CIWMA transfer,
<br /> processing and diversion requirements.
<br /> g. Educate the public as to Solid Waste, Diversion, and Recycling matters.
<br /> h. Provide for or enter into agreements to provide for financial, engineering,
<br /> legal, audit, and any other professional services supporting any of the
<br /> SBWMA's programs including, but not limited to, Solid Waste, Recyclable
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