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accumulated within the CITY, except as provided below. CONTRACTOR <br /> recognizes that this grant of exclusiveness is subject to the <br /> restraints provided in Public Resources Code Sections 49520 et seq. <br /> (a) The grant of exclusiveness shall not include Construction <br /> and Demolition Solid Waste which has accumulated and/or been <br /> generated at a temporary construction site and which is being <br /> disposed of in roll-off containers or in bins. <br /> (b) This Agreement shall not prohibit the persons who generate <br /> Solid Waste, or the persons who own the premises upon which solid <br /> waste has been generated or accumulated, from personally collecting, <br /> transporting and disposing of their own Solid Waste so long as they <br /> dispose of such Solid Waste at a site permitted by the California <br /> Integrated Waste Management Board in accordance with all governing <br /> laws and regulations. <br /> (c) This Agreement shall not prohibit the persons who generate <br /> Solid Waste, or the persons who own the premises upon which Solid <br /> Waste has generated or accumulated, from: (1) selling their <br /> Recyclable Solid Wastes, or, (2) donating their Recyclable Solid <br /> 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 donated, <br /> and (b) the person may not pay the buyer or the donee any sums, <br /> consulting fees or other fees in lieu of charging for collection, <br /> or other tangible consideration for collecting, Processing or <br /> transporting such segregated Recyclable Solid Wastes. A person who <br /> simply receives a discount of, or reduction in, the collection and <br /> disposal service rates of its unsegregated Solid Waste shall not be <br /> deemed to be selling or donating Recyclable Solid Wastes for <br /> 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 34 of this Agreement during which CONTRACTOR fails to <br /> maintain substantially complete regular collection services <br /> 8 <br />