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(c) In addition to any other lawful means of effecting recovery of the damages <br />assessed against CONTRACTOR the amount thereof may be deducted by CITY from money <br />due or which may become due to the CONTRACTOR either in single sum or in installments. In <br />the event CONTRACTOR objects to such assessment or set-off, it shall nevertheless maintain <br />full performance under this Agreement, reserving all rights to subsequently litigate the propriety <br />or amount of the damages assessed. <br />(d) Refunds or reduction of payments of CONTRACTOR's Customers shall be the <br />sole responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such <br />Customer to grant a reasonable and fair refund or reduction or compensatory service; provided, <br />however, that the CONTRACTOR may condition such refunds or reductions or compensatory <br />service upon the Customer's filing of a claim for the same with the CONTRACTOR, To the <br />extent Bin or Roll -Off Service collections are made at CITY'S expense in the absence of <br />CONTRACTOR's performance, CONTRACTOR shall be liable to CITY for a proportionate <br />amount of the Customers' payments due to the CONTRACTOR.. <br />40. FEES AND GRATUITIES: <br />CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor <br />employed by it to, request, solicit, demand, or accept, either directly or indirectly, any <br />compensation or gratuity for the collection of Solid Waste otherwise required to be collected <br />under this Agreement, except such compensation as is provided for in this Agreement. However, <br />CONTRACTOR may make available to Bin Service users special services as provided for in <br />Section 28 hereof. CONTRACTOR may make a direct charge in each instance for such service <br />under a written agreement which shall be subject to the approval of the Executive Director and at <br />such rates as are reasonable, just and uniform for all persons reguesting_such additional services. <br />All such charges shall be collected by CONTRACTOR. Nothing in this section or in this <br />Agreement shall be construed, however, to require CONTRACTOR to render services of any <br />kind to any person to the extent such services are not specifically required by the provisions of <br />this Agreement, or to require that CONTRACTOR having rendered special or additional services <br />not provided for herein to one or more persons, to offer or render the same services to any other <br />person or entity. <br />41. LEGAL RELATIONS AND RESPONSIBILITIES: <br />(a) Applicable Laws: CONTRACTOR shall at all times comply with all applicable <br />provisions of the Code, as now in effect or hereafter enacted, as well as all other applicable <br />County, State and Federal laws and regulations; provided, however, no amendment of the Code <br />shall operate to change CONTRACTOR's right to decline to pick up and collect any material or <br />matter which is not Solid Waste as defined in this Agreement or to decline to pick up and collect <br />Solid Waste which does not comply with the standards and limitations set forth in this <br />Agreement, or otherwise operate to materially impair the rights and privileges of <br />CONTRACTOR hereunder. Should any state or federal laws become effective after the date of <br />execution of this Agreement which require modifications to the terms hereof, the parties agree to <br />meet and confer regarding any such modifications. <br />27 <br />65B-37 <br />