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collecting, processing or transporting such segregated recyclable <br /> solid wastes. A person who simply receives a discount of, or <br /> reduction in, the collection and disposal service rates of its <br /> unsegregated solid waste shall not be deemed to be selling or <br /> donating recyclable 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 such services are to be provided only by that solid <br /> waste hauler which is authorized by an exclusive contract with the <br /> CITY to provide such services. Pursuant to this notification, <br /> commencing in July, 1998 , CONTRACTOR shall be the exclusive <br /> provider of all solid waste handling services within the CITY. <br /> 10. SOLID WASTE PROGRAM SURCHARGE: <br /> (a) CONTRACTOR shall pay to the CITY a solid waste program <br /> surcharge equal to five (5%) percent of the gross receipts derived <br /> from CONTRACTOR'S customers. <br /> 8 <br />