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WHEREAS, Participating Owner desires to avail itself of the services provided by <br />Contractor and thereby participate in City's Shopping Cart Retrieval Program <br />(hereinafter defined); and <br /> <br /> WHEREAS, City is willing to permit Participating Owner to participate in the <br /> <br />Shopping Cart Retrieval Program, subject to the terms and conditions hereof; <br /> NOW, THEREFORE, the parties hereto agree as follows: <br /> <br /> 1. Definitione. For purposes of this agreement, the following defined words <br />and terms, shall have the meanings respectively ascribed thereto: <br /> <br /> a. "Abandoned Shopping Cart": A Shopping Cart which has been removed from the <br /> Premises of Participating Owner without Participating Owner's written consent, <br /> irrespective of whether the Shopping Cart is located on private or public property; <br /> provided, that Shopping Carts which are removed from said Premises for <br /> purposes of repair or maintenance and which are in the possession or custody of <br /> the party to whom they have been released, shall not be deemed abandoned; <br /> provided, further, that a Shopping Cart located on private property owned or <br /> occupied by the person who has been granted wdtten permission by Participating <br /> Owner to have possession thereof for a pedod not to exceed seventy-two (72) <br /> consecutive hours, and which Shopping Cart is not visible at street or ground <br /> level from the public property adjacent .to such private property, shall not be <br /> deemed Abandoned. <br /> <br /> b. "Center": City's Public Works Services Center, located at 1400 Broadway, <br /> Redwood City, CA 94063 <br /> <br /> c. "City": hereinabove defined. <br /> <br /> d. "Contractor": the person or entity or entities with whom or which City has entered <br /> into an agreement or agreements for the retrieval of Abandoned Shopping Carts, <br /> or who or which has otherwise been authorized by City to retdeve Abandoned <br /> Shopping Carts, including the Contractor(s) with such agreements effective upon <br /> the date of this agreement and any and all successors to said Contractor(S). <br /> <br /> e. ~Director": the Director of Community Development, Or his or her designee <br /> <br /> f. "Holidays": 'the Thursday in November appointed as Thanksgiving Day in the <br /> State of California; December 25, January 1, Apdl 23, 2000, and (if applicable, <br /> during the renewal te,~0 Apd115, 2001. <br /> <br /> 2 <br /> <br />A~mt-322 <br />DF~:r~ <br />F/shamd/shamd/Redwood~ouncil <br />02/07/00; 03106/00;03117100R;03i2]./00 R, <br /> <br /> <br />