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<br />pursuant to this Agreement and the collection schedules then in <br />effect, for any reason, including a strike by CONTRACTOR's <br />employees or similar labor dispute. The CITY may provide for <br />collection and/or disposal by persons other than CONTRACTOR during <br />such periods and may permit the public to obtain collection and/or <br />disposal services from persons other than CONTRACTOR during such <br />periods, including CONTRACTOR's Bin and/or Roll-Off Service <br />Customers. <br /> <br />(g). CONTRACTOR shall not have the exclusive right to collect <br />and dispose of Solid Waste by providing Bin and/or Roll-Off Service <br />if the conditions stated in Section 28(c) are applicable. <br /> <br />10. <br /> <br />SOLID WASTE PROGRAM SURCHARGE: <br /> <br />(a) CONTRACTOR shall pay to the CITY a Solid Waste program <br />surcharge based upon the Gross Receipts received by CONTRACTOR. <br />This surcharge is now set at an amount equal to six (6%) percent of <br />said Gross Receipts. This amount may be increased by resolution of <br />the City Council and, whenever said surcharge is increased by <br />resolution of the City Council, CONTRACTOR shall be permitted to <br />pass through to both its Bin Service and Roll-Off Service Customers <br />one hundred (100%) percent of the amount of such increase. <br /> <br />(b) Invoices submitted to Customers by CONTRACTOR shall not <br />reference the aforementioned surcharge. Payments to the CITY of <br />said Solid Waste surcharges shall be made to the CITY on a monthly <br />basis and shall be due and payable on or before the last calendar <br />day of the following month. Accompanying each payment will be a <br />listing of the Gross Receipts for that corresponding month. <br />CONTRACTOR shall, whenever requested to do so, make available such <br />records to the Executive Director at any reasonable time. <br /> <br />(c) Failure of CONTRACTOR to make any of the payments <br />provided for in section (a) above on or before the dates due will <br />result in a penalty of ten (10%) percent per month to CONTRACTOR. <br /> <br />11. <br /> <br />AUTOMATED SYSTEM: <br /> <br />(a) LICENSE: The CITY does hereby license to the CONTRACTOR <br />the Solid Waste collection and Recycling vehicles and Solid Waste <br />collection and Recycling carts listed on Exhibit "A", attached <br />hereto and incorporated herein by this reference (hereinafter <br />referred to collectively as "the Licensed Equipment"), for a period <br />of time coterminous with the term of this Agreement. This license <br />to use the Licensed Equipment shall not be deemed an equipment <br />lease but, rather, a personal property license to use the Licensed <br />Equipment pursuant to the specific terms, covenants, obligations <br />and provisions of this Agreement. CONTRACTOR may not use the <br />Licensed Equipment for any other purposes or business. This <br />license is personal to the CONTRACTOR and shall not be assigned. <br />It is the intent of the parties hereto that the Licensed Equipment <br />shall be sufficient to permit CONTRACTOR to adequately perform its <br /> <br />9 <br />