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services from persons other than CONTRACTOR during such periods, including CONTRACTOR's <br />Bin and/or Roll -Off Service Customers. <br />(g). CONTRACTOR shall not have the exclusive right to collect and dispose of Solid Waste by <br />providing Bin and/or Roll -Off Service if the conditions stated in Section 28(c) are applicable. <br />(h) In exchange for the exclusive rights guaranteed above, CONTRACTOR shall provide to the <br />City a one million ($1,000,000.00) payment on July 1, 2005 with an additional five hundred thousand <br />($500,000.00) per year to be paid monthly beginning July 1, 2006 and continuing each year until <br />expiration of this Agreement. The initial $1,000,000 payment will be made by CONTRACTOR upon <br />execution of this Agreement or on July 1, 2005, whichever occurs later. The additional $500,000 <br />annual payment will be deducted monthly beginning July 1, 2006 on a pro rata basis from the curbside <br />service payments. However, neither payment will affect the rates that customers are currently paying. <br />(a) CONTRACTOR shall pay to the CITY a Solid Waste program surcharge based upon the <br />Gross Receipts received by CONTRACTOR. This surcharge is now set at an amount equal to 12.8 <br />percent of said Gross Receipts. This amount may be increased by resolution of the City Council and, <br />whenever said surcharge is increased by resolution of the City Council, CONTRACTOR shall be <br />permitted to pass through to both its Bin Service and Roll -Off Service Customers one hundred (100 %) <br />percent of the amount of such increase. <br />(b) Invoices submitted to Customers by CONTRACTOR shall not reference the aforementioned <br />surcharge. Payments to the CITY of said Solid Waste surcharges shall be made to the CITY on a <br />monthly basis and shall be due and payable on or before the last calendar day of the following month. <br />Accompanying each payment will be a listing of the Gross Receipts for that corresponding month. <br />CONTRACTOR shall, whenever requested to do so, make available such records to the Executive <br />Director at any reasonable time. <br />(c) Failure of CONTRACTOR to make any of the payments provided for in section (a) above <br />on or before the dates due will result in a penalty of ten (10 %) percent per month to CONTRACTOR. <br />1175 E 1 u <br />(a) LICFNSF• The CITY grants to the CONTRACTOR an exclusive license to use the Solid <br />Waste collection and Recycling vehicles and Solid Waste collection and Recycling carts listed on <br />Exhibit "A ", attached hereto and incorporated herein by this reference (hereinafter referred to <br />collectively as "the Licensed Equipment "), for a period of time coterminous with the term of this <br />Agreement. This license to use the Licensed Equipment shall not be deemed an equipment lease but, <br />rather, a personal property license to use the Licensed Equipment pursuant to the specific terms, <br />covenants, obligations and provisions of this Agreement. CONTRACTOR may not use the Licensed <br />Equipment for any other purposes or business. This license is personal to the CONTRACTOR and <br />shall not be assigned. It is the intent of the parties hereto that the Licensed Equipment shall be <br />sufficient to permit CONTRACTOR to adequately perform its performance obligations under this <br />9 <br />