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commercial curbside users and any multi- family, business or professional user which does not <br />require Bin Service as determined by the Executive Director. <br />(21) Customer shall mean a user of CONTRACTOR's bin or roll -off container service, <br />(22) Disposal Site shall mean any licensed landfill site permitted by the California <br />Integrated Waste Management Board for the receipt and ultimate disposition of Solid Waste. <br />(23) Executive Director shall mean the Executive Director of Public Works of CITY, or <br />his or her designate. <br />(24) Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed <br />of at said site, Gate Fees are also known as "tipping" fees and "landfill" fees, <br />(25) Gross Receipts means and includes all revenues actually received by <br />CONTRACTOR arising from, or attributable to, the services provided by CONTRACTOR to its <br />Customers in the CITY pursuant to this Agreement, Gross Receipts include Gate Fees as defined <br />herein, Gross Revenue does not include any revenue received by CONTRACTOR from the sale <br />of Recyclable Solid Waste, Notwithstanding the above, "Gross Receipts" shall not include any <br />SMaRT Fees collected by the CONTRACTOR from the customer as authorized by Section 7 of <br />Exhibit "C" herein. <br />(26) Hauling Charges shall mean those portions of the curbside, bin, roll -off and other <br />rates provided for in this Agreement which compensate CONTRACTOR for the Solid Waste <br />collection and transporting services required of CONTRACTOR under this Agreement. The <br />parties have agreed upon the initial Hauling Charges as set forth hereinafter, and such charges are <br />subject to adjustments as provided in this Agreement. <br />(27) Hazardous Wastes are those wastes which, because of their physical or chemical <br />characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the <br />Resource Conservation and Recovery Act" ( "RCRA "), cannot be disposed of in a Class III landfill <br />under the applicable laws and regulations of the State of California. <br />(28) Industrial Solid Wastes means Solid Waste originating from mechanized <br />manufacturing facilities, factories, refineries, and publicly operated treatment works, and /or Solid <br />Wastes placed in bins and /or roll -off containers. <br />(29) Licensed Equipment means the Solid Waste collection and Recycling vehicles and <br />Solid Waste collection acid Recycling plastic carts licensed by the CITY to the CONTRACTOR <br />pursuant to Section 11 of this Agreement. <br />(30) Materials Recovery Facility means a facility permitted as a Solid Waste Facility by <br />the California Integrated Waste Management Board for sorting, separating and processing of <br />Recyclable Solid Wastes as well as the segregation and transportation of non - Recyclable Solid <br />Wastes to a Disposal Site. <br />4 <br />25E -11 <br />