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<br />. <br /> <br />e <br /> <br />AGREEMENT FOR OPERATION OF <br />TYPE IV LANDFILL <br />BY AND BETWEEN <br /> <br />THE CITY OF LA PORTE, TEXAS <br />AND <br />WASTE MANAGEMENT OF TEXAS, INC. <br /> <br />THIS AGREEMENT for the operation of a Type IV landfill made <br />and entered into at La Porte, Texas, as of the first day of April, <br />2001, by and between the CITY OF LA PORTE, TEXAS, a Texas <br />Municipal Corporation, hereinafter called the "City", and WASTE <br />MANAGEMENT OF TEXAS, INC., a Delaware Corporation, hereinafter <br />called the "Contractor". <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the City desires to dispose of Type IV Waste <br />generated in the City; and <br /> <br />WHEREAS, the parties desire to establish the terms and <br />conditions of this Agreement; <br /> <br />NOW,. <br />covenants <br />follows: <br /> <br />THEREFORE, <br />hereinafter <br /> <br />for <br />set <br /> <br />and in <br />forth <br /> <br />consideration of <br />the parties hereby <br /> <br />the mutual <br />agree as <br /> <br />(I) DISPOSAL SITE. The Contractor agrees to operate a Type IV <br />sanitary landfill at the Bay town site located on tract(s) of land <br />described by metes and bounds in Municipal Solid Waste Permit No. <br />1535, (or any other mutually agreed upon site) hereinafter called <br />the "Landfill" for the complete handling, processing and disposal, <br />by the sanitary landfill method, of Type IV Waste generated in the <br />City and collected by the City or its contractor, according to the <br />all of the terms and provisions hereinafter contained. <br /> <br />(A) <br /> <br />Materials to be disposed of. The Contractor shall <br />accept for disposal all Type IV Waste, as that term is <br />defined in Article 4477-7 V.A.T.S., the Municipal Solid <br />Waste Act, brought to the Landfill by the City or its <br />contractor. The Contractor may designate the location <br />on the site at which mate+ial is to be unloaded. <br /> <br />( B) <br /> <br />Operation of disposal site. The Contractor shall have <br />the exclusive right to the use of and responsibility <br />for the operation of the disposal site for the term of <br />this Agreement or any extension ,thereof, subject to the <br />following terms and provisions: <br /> <br />1 <br />