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(1) Act means the California Integrated Waste Management Act (California Public <br />Resources Code Sections 40000 et seq.), also commonly referred to as "AB 939," as amended, <br />supplemented, superseded, and replaced from time to time. <br />(2) Agreement shall mean this Fifth Amended and Restated Agreement, including the <br />exhibits thereto and the documents incorporated herein by reference. <br />(3) AB 341 shall mean Assembly Bill 341, as amended, supplemented, superseded, <br />and replaced from time to time, setting forth the requirements of the statewide mandatory <br />commercial and multifamily recycling program. <br />(4) AB 1826 shall mean Assembly Bill 1826, as amended, supplemented, <br />superseded, and replaced from time to time, requiring business to recycle their organic waste <br />depending on their weekly waste generation. <br />(5) Auditor shall mean the certified public accountant firm retained by City for <br />auditing services. <br />(6) Bin Service shall mean all Solid Waste collection services provided by <br />CONTRACTOR by means of front -loaded collection bins of various sizes. <br />(7) California Integrated Waste Management Act ("CIWMA") shall mean that act <br />codified by California Public Resources Code Sections 40000 et seq., and any subsequent <br />amendments thereto. <br />(8) CALRECYCLE means the California Department of Resources Recycling and <br />Recovery or its successor. <br />(9) CITY shall mean the City of Santa Ana. <br />(10) City Attorney shall mean the City Attorney of CITY. <br />(11) City Council shall mean the City Council of CITY. <br />(12) City Manager shall mean the City Manager of CITY. <br />(13) Clerk of the Council shall mean the Clerk of the Council of CITY. <br />(14) Code shall mean the Municipal Code of CITY, both codified and miscellaneous <br />ordinances <br />(15) Commercial Cart Service Unit shall mean those commercial customers with <br />limited space and minimal solid waste services requirements. <br />(16) Commercial/Industrial Bin Service shall mean Bin Service which is provided by <br />CONTRACTOR to commercial and/or industrial units. <br />25F-12 <br />