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0 <br />of the City to pay the Contract Rate, to the extent the City rather than Franchise Haulers is responsible directly <br />for payment and provided that the Service Covenant has been complied with, shall be absolute and unconditional <br />and shall not be subject to delay or diminution by reason of set-off, abatement, counterclaim, existence of a <br />dispute or otherwise. <br />(B) Payment by Franchise Haulers. With respect to Controllable Waste delivered by <br />Franchise Haulers other than City municipal collection forces, the obligation to pay the Contract Rate shall rest <br />with such Franchise Haulers and not with the City and, unless the City has agreed with the County to be <br />responsible for Franchise Hauler payments, the City shall not be financially responsible for any delay or failure <br />by such Franchise Hauler to pay the Contract Rate or any portion thereof when due. In the event of any such <br />failure, the County and the City shall cooperate with each other and use their best efforts to obtain timely <br />payment. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights <br />from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City <br />may include, as appropriate, legal proceedings to suspend, revoke or terminate the Franchise Hauler's franchise, <br />permit or license rights. <br />(C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County <br />in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall <br />provide the County withwritten objection within 30 days of the receipt of such Billing Statement indicating the <br />amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any <br />objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are notable <br />to resolve such dispute within 30 days after the City s or the Franchise Hauler's objection, either party may pursue <br />appropriate legal remedies. <br />SECTION 4.4. BILLING OF THE CONTRACT RATE. The County shall continue to bill <br />Contract Rates after July 1, 1997, in the same manner as it has customarily billed tipping fees. Subject to the <br />other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing <br />on reasonable notice to affected parties. <br />SECTION 4.5. RESTRICTED RESERVES. For purposes of this Agreement, "Restricted <br />Reserves" means cash and other reserves of the Disposal System which are restricted to specific uses or are <br />otherwise being reserved by the County to meet its obligations hereunder throughout the term of the Agreement <br />with respect to the Disposal System pursuant to any Applicable Law, contract, adopted budget, budgetary policy <br />of the County with respect to the Disposal System, or other arrangement. Such cash and other reserves are not <br />required to be deposited in separate accounts or funds in order to constitute "Restricted Reserves" hereunder, and <br />may be commingled with Unrestricted Reserves or other funds of the County attributable to the Disposal System. <br />"Restricted Reserves" shall include, but not be limited to, the following: <br />(i) reserves for closure of components of the Disposal System to the extent required by <br />Applicable Law, <br />(ii) 75% of the amount reserved by the County for funding of post closure maintenance and <br />monitoring with respect to components of the Disposal System (provided, however, that if a Change in <br />Law occurs which requires the County to separately maintain post closure reserves at levels higher than <br />75% of the amount then currently maintained by the County, such higher amount shall constitute <br />"Restricted Reserves"), <br />Execution Copy 25 <br />