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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 28 (c) are applicable. <br /> 10. SOLID WASTE PROGRAM SURCHARGE: <br /> (a) CONTRACTOR shall pay to the CITY a Solid Waste program <br /> surcharge based upon the Gross Receipts received by CONTRACTOR. <br /> This surcharge is now set at an amount equal to six (6%) percent of <br /> said Gross Receipts. This amount may be increased by resolution of <br /> the City Council and, whenever said surcharge is increased by <br /> resolution of the City Council, CONTRACTOR shall be permitted to <br /> pass through to both its Bin Service and Roll-Off Service Customers <br /> one hundred (100%) percent of the amount of such increase. <br /> (b) Invoices submitted to Customers by CONTRACTOR shall not <br /> reference the aforementioned surcharge. Payments to the CITY of <br /> said Solid Waste surcharges shall be made to the CITY on a monthly <br /> basis and shall be due and payable on or before the last calendar <br /> day of the following month. Accompanying each payment will be a <br /> listing of the Gross Receipts for that corresponding month. <br /> CONTRACTOR shall, whenever requested to do so, make available such <br /> records to the Executive Director at any reasonable time. <br /> (c) Failure of CONTRACTOR to make any of the payments <br /> provided for in section (a) above on or before the dates due will <br /> result in a penalty of ten (10%) percent per month to CONTRACTOR. <br /> 11. AUTOMATED SYSTEM: <br /> (a) LICENSE: The CITY does hereby license to the CONTRACTOR <br /> the Solid Waste collection and Recycling vehicles and Solid Waste <br /> collection and Recycling carts listed on Exhibit "A" , attached <br /> hereto and incorporated herein by this reference (hereinafter <br /> referred to collectively as "the Licensed Equipment") , for a period <br /> of time coterminous with the term of this Agreement. This license <br /> to use the Licensed Equipment shall not be deemed an equipment <br /> lease but, rather, a personal property license to use the Licensed <br /> Equipment pursuant to the specific terms, covenants, obligations <br /> and provisions of this Agreement. CONTRACTOR may not use the <br /> Licensed Equipment for any other purposes or business. This <br /> license is personal to the CONTRACTOR and shall not be assigned. <br /> It is the intent of the parties hereto that the Licensed Equipment <br /> shall be sufficient to permit CONTRACTOR to adequately perform its <br /> 9 <br />