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1. NON-EXCLUSIVE GRANT OF CONTRACT <br />CITY hereby grants to CONTRACTOR, for the term hereafter specified, a non- <br />exclusive right to collect, recycle, divert, and transport to appropriate facilities as <br />set forth in this Agreement any Construction and Demolition Debris and other <br />Incidental Waste which is generated, produced, and/or accumulated at a <br />Temporary Construction Site and which is being disposed of in a roll -off <br />container and/or a bin in the City of Santa Ana. CONTRACTOR, subject to all of <br />the terms hereof hereby accepts and agrees to faithfully perform such obligations. <br />2. TERM OF CONTRACT: CONTINUATION RIGHTS <br />The term of this Agreement shall begin on the date of execution and shall extend <br />through June 30, 2008, and may be extended for an additional 7-year term upon <br />agreement of both parties. <br />CONTRACTOR acknowledges that, to the extent applicable, the terms and <br />conditions of this Agreement constitute the mailed notification required to be <br />given by the City under Public Resources Code Section 49520, et seq. prior to the <br />City's award of exclusive solid waste handling services. <br />3. DEFINITIONS <br />a. Construction and Demolition Debris (or C&D Debris) means <br />any solid waste resulting from temporary construction activities, <br />including without limitation, construction, remodeling, repair, <br />demolition, site preparation and grading occurring at a Temporary <br />Construction Site. C&D Debris does not include other waste <br />materials generated at a site or location that are not directly and <br />primarily related to the construction activities. <br />b. Construction and Demolition Debris Processine Facility means <br />a site that receives C & D Debris for the purpose of storage, <br />sorting, handling, transfer, and/or processing. <br />2 <br />