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The CONTRACTOR shall have the exclusive duty, right and privilege to collect, transport, <br /> process, Recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of <br /> all Solid Waste, as defined in this Agreement, generated and/or accumulated within the CITY, except <br /> as provided below. CONTRACTOR 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 and Demolition Solid Waste <br /> which has accumulated and/or been 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 Solid Waste, or the persons <br /> who own the premises upon which solid waste has been generated or accumulated, from personally <br /> collecting, transporting and disposing of their own Solid Waste so long as they dispose of such Solid <br /> Waste at a site permitted by the California Integrated Waste Management Board in accordance with all <br /> governing laws and regulations. <br /> (c) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who <br /> own the premises upon which Solid Waste has generated or accumulated, from: (1) selling their <br /> Recyclable Solid Wastes, or, (2) donating their Recyclable Solid Wastes; provided, however, that in <br /> both instances: (a) the person must, on its premises, personally segregate (by Waste Type) from other <br /> Solid Waste the Recyclable Solid Waste to be sold or donated, and (b) the person may not pay the <br /> buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other <br /> tangible consideration for collecting, Processing or transporting such segregated Recyclable Solid <br /> Wastes. A person who simply receives a discount of, or reduction in, the collection and disposal <br /> service rates of its unsegregated Solid 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 or person engaged in landscape <br /> maintenance who has a business license to operate in the CITY from collecting yard waste or other <br /> organic Solid Wastes which it generates as an incidental portion of providing its licensed services. Any <br /> yard waste or other organic Solid Waste collected pursuant to the exception provided by this subsection <br /> must be transported by the gardener, tree trimmer or person to a composting facility permitted by the <br /> California Integrated Waste Management Board in accordance with all laws and regulations. <br /> (e) This Agreement shall not prohibit collectors of Solid Waste originating outside the CITY <br /> from hauling such Solid Waste over CITY streets,provided such collectors comply with any governing <br /> laws or ordinances. <br /> (0 CONTRACTOR's right to collect and/or dispose of Solid Waste shall not be exclusive in the <br /> event of a failure to collect under Section 34 of this Agreement during which CONTRACTOR fails to <br /> maintain substantially complete regular collection services pursuant to this Agreement and the <br /> collection schedules then in effect, for any reason, including a strike by CONTRACTOR's employees <br /> or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than <br /> CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal <br /> 8 <br />