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<br />percent, then the CONTRACTOR shall be permitted to increase its <br />rates upwards to the extent that such increase does not include the <br />first four (4%) percent, i.e., should the CPI increase be four and <br />one half (4 1/2%) percent, then CONTRACTOR shall be permitted to <br />increase it's rates upwards by one-half (1/2%) percent and should <br />the CPI increase be five (5%) percent, CONTRACTOR shall be <br />permitted to increase its rates upwards by one (1%) percent. <br />Should the CPI increase be determined to be seven (1%) percent or <br />above, the CONTRACTOR shall be permitted to adjust its rates upward <br />a maximum of three (3%) percent. Said limitations on upward <br />adjustments shall only be in effect until June 30,2001. From July <br />1,2001 until the termination of this Agreement, the Hauling Charge <br />and Processing Charge for curbside service shall be adjusted in <br />accordance with the CPI rate adjustment procedure set forth in <br />subsection (a) (1) above without limitation; provided, however, that <br />adjustments permitted to the Hauling and Processing Charges during <br />this time period shall be calculated at seventy five (15%) percent <br />of the CPI with a seven (1%) percent maximum adjustment pe~ year. <br /> <br />(3) BIN SERVICE AND ROLL-OFF SERVICE: From July 1,1991 <br />until the termination of this Agreement, the Hauling and processing <br />Charges for Bin Service and Roll-Off Service shall be adjusted in <br />accordance with the CPI rate adjustment procedure set forth in <br />subsection (a) (1) above. Adjustments to the Hauling and processing <br />charges for Bin Service and Roll-Off Service shall be calculated at <br />seventy five (15%) percent of the CPI with a seven (1%) percent <br />maximum adjustment per year. <br /> <br />(b) GATE FEES: Should any increase or decrease in the Gate <br />Fees charged by a Disposal site occur during the term of this <br />Agreement, CONTRACTOR shall be permitted to pass through to both <br />its Bin Service Customers and its Roll-Off Service Customers and <br />CITY shall pass through to its curbside service users one hundred <br />(100%) percent of such increase or decrease in the Gate Fees for <br />that portion of the Solid Waste which is taken to the Disposal <br />Site. CITY shall pass through to CONTRACTOR such increase or <br />decrease in its curbside service payments to CONTRACTOR. Should a <br />change in Gate Fees become effective on July 1st of any year, the <br />parties agree to utilize the tonnages from the previous calendar <br />year to determine the percentage of Solid Waste that is taken to <br />the Disposal Site. Should a change in the Gate Fees become <br />effective between July 1, 1996 and January 1, 1998, the parties <br />agree to utilize a percentage of sixty (60%) percent of the total <br />curbside waste stream as the basis for an increase or decrease in <br />the Disposal Site rate. <br /> <br />(c) SOLID WASTE PROGRAM SURCHARGE: Should any increase or <br />decrease in the Hauling and Processing Charge or the Gate Fees <br />occur during the term of this Agreement, CONTRACTOR shall be <br />permitted to pass through to both its Bin Service and its Roll-Off <br />Service Customers the corresponding increase or decrease incurred <br /> <br />23 <br />