The Authority agrees to accept all municipal
solid wastes from the municipality in its landfill facility from January
1, 1986, until the facility is operating and, thereafter, in the facility.
This obligation shall continue for the period of the service agreement.
At such time as the facility is operating, the Authority shall be
considered to have fulfilled its obligations if it enforces its rights
under the service agreement to require Westinghouse to accept and
dispose of municipal solid waste.
The Authority shall charge the person delivering
such municipal solid waste collected within the municipality a service
fee for disposal of such municipal solid waste at the facility, which
fee shall be computed in accordance with the disposal cost, as defined
in the service agreement, relevant portions of which are attached
hereto and marked "Exhibit A." Prior to such time, the Authority shall set the rates
at the landfill giving due recognition to the cost thereof and the
Authority's needs to accrue operating and debt service reserves toward
the operation of the facility.
The Authority shall enforce its service agreement
to the end that the facility will be operated and maintained in accordance
with sound principles of operation and maintenance and so that the
plan will be followed.
It is recognized that the Authority, under certain
circumstances, has the right to terminate its service agreement. The
Authority recognizes that the municipality, in requiring all of its
municipal solid waste to be delivered to the Authority, is relying
on the Authority for assurance that there will be a facility to receive
municipal solid waste generated in the municipality. Accordingly,
the Authority agrees that it will not exercise its right to terminate
its service agreement with Westinghouse unreasonably. If, under such
circumstances, the Authority terminates its service agreement or if
the municipality delivers acceptable municipal solid waste which is
not accepted at the facility, the Authority will be obligated to accept
municipal solid waste from the municipality and provide for available
space in a facility consistent with the plan.
The parties hereto agree that each may seek
specific performance for any failure of the other to abide by the
terms of this agreement.
The parties agree that the laws of the Commonwealth
of Pennsylvania govern the construction and interpretation of this
agreement.