(a) The Municipality agrees to deliver or cause to be delivered, during the term of this Agreement, all Municipal solid waste generated within the Municipality for disposal at a facility designated by the County.
(b) The County agrees to accept for disposal all such Municipal solid waste described in subsection (a) hereof upon completion and commencement of operation of the plant in accordance with a contract with the contractor, containing terms satisfactory to the County and providing for construction and operation of the plant.
(c) The term of this Agreement shall be for a period of twenty-five years, and said term shall commence on the date the County advises the Municipality that the plant is operational. The Municipality, at its option, may terminate this Agreement with thirty-days written notice to the County in the event that the Municipality will incur substantial costs over and above the costs generally accepted by the other municipalities in delivering Municipal solid waste to the County during the term of this Agreement, provided that the Municipality has first obtained final approval from the Department of Environmental Resources for its own plan under the Act or an approval from the Department for a modification that brings the Municipality under another plan that has already obtained final approval. It is understood, however, that upon any such termination of this Agreement by the Municipality, the County, the Authority and/or the County's contractor shall be relieved of any responsibility to accept and dispose of Municipal solid waste generated within the Municipality. It is further understood that any such termination of this Agreement by the Municipality shall constitute a repeal, whether express or implied, of Section 1062.11.
(d) The County shall hold harmless and defend the Municipality from any suit, claim or action challenging the legality of this chapter against the Municipality. In the event that any such suit, claim or action is brought against the Municipality, the Municipality shall authorize the County, through its designated legal counsel, to defend against the same, shall cooperate with the County in said defense and shall give the County Solicitor notice of any such suit, claim or action within five days of the Municipality's receiving notice thereof.
(Ord. 87-5. Passed 7-20-87.)