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<br />1 are servicing Collection Containers that contain less than 90% Source Separated <br />2 Recyclable Materials or I'lant Materials, it shall report the location and the name of the <br />3 recycler to the Agency and the SBWMA, along with Contractor's evidence of the <br />4 violation of the exclusiveness of this Agreement. <br />5 <br />6 B. Solid Waste, Recyclable Materials, Commercial ()rganic Materials <br />7 and Plant Materials, which are removed from any Premises by the Waste Generator, <br />8 and which are transported personally by the ()wner or occupant of such Premises (or <br />9 by his or her employees or a contractor whose removal of the Solid Waste, Recyclable <br />10 Materials and/ or Plant Materials are incidental to the service being performed <br />11 <br />12 C. Recyclable Materials, Commercial ()rganic Materials and Plant <br />13 Materials which are Source Separated at any Premises by the Waste Generator and <br />14 donated to youth, civic, or charitable organizations; <br />15 <br />16 D. Containers delivered for Recycling under the California Beverage <br />17 Container Recycling Litter Reduction Act, Section 14500, et. seq. California Public <br />18 Resources Code; <br />19 <br />20 E. Plant Materials removed from a Premises by a gardening, <br />21 landscaping, or tree trimming contractor as an incidental part of a total service offered <br />22 by that contractor rather than as a hauling service and for no additional or separate fee; <br />23 <br />24 F. Non-putrescible Waste from roll-off/ debris boxes. <br />25 <br />26 G. Animal waste and remains from slaughterhouse or butcher shops <br />27 for use as tallow; <br />28 <br />29 H. By-products of sewage treatment, including sludge, sludge ash, grit <br />30 and screenings; and, <br />31 <br />32 I. Hazardous Waste and Designated Waste regardless of its source. <br />33 <br />34 This grant to Contractor of an exclusive right and privilege to Collect, <br />35 transport, or process and dispose of Solid Waste, certain residential Recyclable <br />36 Materials, and certain residential Plant Materials shall be interpreted to be consistent <br />37 with state and federal laws, now and during the term of the Agreement, and the scope <br />38 of this exclusive right shall be limited by applicable state and federal laws with regard <br />39 to the matters contained in this Agreement.. In the event that future interpretations of <br />40 current law or new laws, regulations, interpretations or trends limit the ability of <br />41 Agency to lawfully provide for the scope of services as specifically set forth herein, <br />42 Contractor agrees that the scope of the Agreement will be limited to those services and <br />43 materials which may be lawfully provided and that Agency shall not be responsible for <br />44 any lost profits or losses claimed by Contractor to arise out of limitations of the scope of <br /> Atty j Agrj2005.022 <br /> 060205 -7- <br />