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<br />accumulated within the CITY, except as provided below. CONTRACTOR <br />recognizes that this grant of exclusiveness is subject to the <br />restraints provided in Public Resources Code sections 49520 et seq. <br /> <br />(a) The grant of exclusiveness shall not include Construction <br />and Demolition Solid Waste which has accumulated and/or been <br />generated at a temporary construction site and which is being <br />disposed of in roll-off containers or in bins. <br /> <br />(b) This Agreement shall not prohibit the persons who generate <br />Solid Waste, or the persons who own the premises upon which solid <br />waste has been generated or accumulated, from personally collecting, <br />transporting and disposing of their own Solid Waste so long as they <br />dispose of such Solid Waste at a site permitted by the California <br />Integrated Waste Management Board in accordance with all governing <br />laws and regulations. <br /> <br />(c) This Agreement shall not prohibit the persons who generate <br />Solid Waste, or the persons who own the premises upon which Solid <br />Waste has generated or accumulated, from: (1) selling their <br />Recyclable Solid Wastes, or, (2) donating their Recyclable Solid <br />Wastes; provided, however, that in both instances: (a) the person <br />must, on its premises, personally segregate (by Waste Type) from <br />other Solid Waste the Recyclable Solid Waste to be sold or donated, <br />and (b) the person may not pay the buyer or the donee any sums, <br />consulting fees or other fees in lieu of charging for collection, <br />or other tangible consideration for collecting, Processing or <br />transporting such segregated Recyclable Solid Wastes. A person who <br />simply receives a discount of, or reduction in, the collection and <br />disposal service rates of its unsegregated Solid Waste shall not be <br />deemed to be selling or donating Recyclable Solid Wastes for <br />purposes of this exception. <br /> <br />(d) This Agreement shall not prohibit a gardener, tree trimmer <br />or person engaged in landscape maintenance who has a business <br />license to operate in the CITY from collecting yard waste or other <br />organic Solid Wastes which it generates as an incidental portion of <br />providing its licensed services. Any yard waste or other organic <br />Solid Waste collected pursuant to the exception provided by this <br />subsection must be transported by the gardener, tree trimmer or <br />person to a composting facility permitted by the California <br />Integràted Waste Management Board in accordance with all laws and <br />regulations. <br /> <br />(e) This Agreement shall not prohibit collectors of Solid <br />Waste originating outside the CITY from hauling such Solid Waste <br />over CITY streets, provided such collectors comply with any <br />governing laws or ordinances. <br /> <br />(f) CONTRACTOR's right to collect and/or dispose of Solid <br />Waste shall not be exclusive in the event of a failure to collect <br />under Section 34 of this Agreement during which CONTRACTOR fails to <br />maintain substantially complete regular collection services <br /> <br />8 <br />