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percent, then the CONTRACTOR shall be permitted to increase its <br /> rates upwards to the extent that such increase does not include the <br /> first four (4%) percent, i.e. , should the CPI increase be four and <br /> one half (4 1/2%) percent, then CONTRACTOR shall be permitted to <br /> increase it 's rates upwards by one-half (1/2%) percent and should <br /> the CPI increase be five (5%) percent, CONTRACTOR shall be <br /> permitted to increase its rates upwards by one (1%) percent. <br /> Should the CPI increase be determined to be seven (7%) percent or <br /> above, the CONTRACTOR shall be permitted to adjust its rates upward <br /> a maximum of three (3%) percent. Said limitations on upward <br /> adjustments shall only be in effect until June 30, 2001. From July <br /> 1, 2001 until the termination of this Agreement, the Hauling Charge <br /> and Processing Charge for curbside service shall be adjusted in <br /> accordance with the CPI rate adjustment procedure set forth in <br /> subsection (a) (1) above without limitation; provided, however, that <br /> adjustments permitted to the Hauling and Processing Charges during <br /> this time period shall be calculated at seventy five (75%) percent <br /> of the CPI with a seven (7%) percent maximum adjustment per year. <br /> (3) BIN SERVICE AND ROLL-OFF SERVICE: From July 1, 1997 <br /> until the termination of this Agreement, the Hauling and Processing <br /> Charges for Bin Service and Roll-Off Service shall be adjusted in <br /> accordance with the CPI rate adjustment procedure set forth in <br /> subsection (a) (1) above. Adjustments to the Hauling and Processing <br /> Charges for Bin Service and Roll-Off Service shall be calculated at <br /> seventy five (75%) percent of the CPI with a seven (7%) percent <br /> maximum adjustment per year. <br /> (b) GATE FEES: Should any increase or decrease in the Gate <br /> Fees charged by a Disposal Site occur during the term of this <br /> Agreement, CONTRACTOR shall be permitted to pass through to both <br /> its Bin Service Customers and its Roll-Off Service Customers and <br /> CITY shall pass through to its curbside service users one hundred <br /> (100%) percent of such increase or decrease in the Gate Fees for <br /> that portion of the Solid Waste which is taken to the Disposal <br /> Site. CITY shall pass through to CONTRACTOR such increase or <br /> decrease in its curbside service payments to CONTRACTOR. Should a <br /> change in Gate Fees become effective on July 1st of any year, the <br /> parties agree to utilize the tonnages from the previous calendar <br /> year to determine the percentage of Solid Waste that is taken to <br /> the Disposal Site. Should a change in the Gate Fees become <br /> effective between July 1, 1996 and January 1, 1998 , the parties <br /> agree to utilize a percentage of sixty (60%) percent of the total <br /> curbside waste stream as the basis for an increase or decrease in <br /> the Disposal Site rate. <br /> (c) SOLID WASTE PROGRAM SURCHARGE: Should any increase or <br /> decrease in the Hauling and Processing Charge or the Gate Fees <br /> occur during the term of this Agreement, CONTRACTOR shall be <br /> permitted to pass through to both its Bin Service and its Roll-Off <br /> Service Customers the corresponding increase or decrease incurred <br /> 23 <br />