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2000_Resolutions
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Ivy landfill to any privately -owned, lawfully -permitted commercial landfill operated in Virginia, <br />• exceeds by fifteen percent (15%) the average of the relevant delivered prices paid by other <br />Virginia local governments (including public authorities similar to the RSWA whose purpose is <br />to provide solid waste management, collection and/or disposal services to the public) that <br />generate and transfer no less than 58,000 tons of MSW per year and transport its MSW to a final <br />disposal facility within a 175 mile radius from the Ivy landfill during the time period that RSWA <br />conducts competitive negotiations for such transfer and disposal services pursuant to the Act. <br />The "relevant delivered prices" referenced above means the ten highest delivered prices if there <br />are more than twenty local governments (including public authorities similar to the RSWA <br />whose purpose is to provide solid waste management, collection and/or disposal services to the <br />public) that meet the criteria set forth above or the highest 50% of the delivered prices if there <br />are less than twenty local governments (including public authorities similar to the RSWA whose <br />• purpose is to provide solid waste management, collection and/or disposal services to the public) <br />.0 <br />that meet the criteria set forth above. The RSWA shall exercise all renewal options of its <br />existing MSW transfer contract before seeking a new MSW disposal cell permit from DEQ, <br />unless it obtains a more economically favorable MSW transfer contract for the same or greater <br />number of years remaining under the existing MSW transfer contract if all of its renewal options <br />were exercised, or if its existing contractor materially breaches or fails to perform the existing <br />MSW transfer contract and an economically equal or economically more favorable contractor <br />cannot be substituted for the remaining number of years under the renewal clauses of the existing <br />MSW transfer contract. Defendants shall notify Plaintiffs in writing of their intent to invoke the <br />provisions of this Section AA of this Agreement, and shall provide therewith: (i) a summary of <br />the material provisions of the offers received; (ii) a list of the specific local governments <br />M <br />
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