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wastes; provided, however, that in both instances: (a) the person <br /> must, on its premises, personally segregate (by waste type) from <br /> other solid waste the recyclable solid waste to be sold or <br /> donated, and (b) the person may not pay the buyer or the donee any <br /> sums, consulting fees or other fees in lieu of charging for <br /> collection, or other tangible consideration for collecting, <br /> processing or transporting such segregated recyclable solid wastes. <br /> A person who simply receives a discount of, or reduction in, the <br /> collection and disposal service rates of its unsegregated solid <br /> waste shall not be deemed to be selling or donating recyclable <br /> solid wastes for purposes of this exception. <br /> (d) This Agreement shall not prohibit a gardener, tree trimmer <br /> or person engaged in landscape maintenance who has a business <br /> license to operate in the CITY from collecting yard waste or other <br /> organic solid wastes which it generates as an incidental portion of <br /> providing its licensed services. Any yard waste or other organic <br /> solid waste collected pursuant to the exception provided by this <br /> subsection must be transported by the gardener, tree trimmer or <br /> person to a composting facility permitted by the California <br /> Integrated Waste Management Board in accordance with all laws and <br /> regulations. <br /> (e) This Agreement shall not prohibit collectors of solid <br /> waste originating outside the CITY from hauling such solid waste <br /> over CITY streets, provided such collectors comply with any <br /> governing laws or ordinances. <br /> (f) CONTRACTOR'S right to collect and/or dispose of solid <br /> waste shall not be exclusive in the event of a failure to collect <br /> under Section 31 of this Agreement during which CONTRACTOR fails to <br /> maintain substantially complete regular collection services <br /> pursuant to this Agreement and the collection schedules then in <br /> effect, for any reason, including a strike by CONTRACTOR'S <br /> employees or similar labor dispute. The CITY may provide for <br /> collection and/or disposal by persons other than CONTRACTOR during <br /> such periods and may permit the public to obtain collection and/or <br /> disposal services from persons other than CONTRACTOR during such <br /> periods, including CONTRACTOR' S bin and/or roll-off service <br /> customers. <br /> (g) . CONTRACTOR shall not have the exclusive right to collect <br /> and dispose of solid waste by providing bin and/or roll-off service <br /> if the conditions stated in Section 25 (c) are applicable. <br /> (h) The CITY shall notify in July, 1993 , in accordance with <br /> Public Resources Code Section 49520, all solid waste haulers known <br /> to the CITY which are providing temporary roll-off services within <br /> the CITY that the CITY may elect to have such services be provided <br /> only by that solid waste hauler which is authorized by an exclusive <br /> contract with the CITY to provide such services. <br /> 8 <br />