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1 conditions of such services in one hundred twenty (120) days from the date when 2 Agency first requests a proposal from Contractor to perform such services, Contractor 3 acknowledges and agrees that Agency may permit Persons other than Contractor to 4 provide such services. 5 6 2.10 Ownership of Solid Waste. ()nce Solid Waste, Recyclable Materials, 7 Commercial Organic Materials, and/ or Plant Materials is / are placed in Containers 8 and properly placed at the Collection location, ownership and the right to possession 9 shall transfer directly from the Waste Generator to Contractor by operation of this 10 Agreement. Contractor is hereby granted the right to retain, Recycle, process, Dispose 11 of, and otherwise use such Solid Waste, Recyclable Materials. Commercial Organic 12 Materials, and/ or Plant Material, or any part thereof, in any lawful fashion or for any 13 lawful purpose desired by Contractor. This right is subject to: 1) Contractor's objective 14 to meet both the Agency's and AB939' s diversion goals; and, 2) Agency's right to direct 15 Contractor to process Solid Waste, Recyclable Materials, Commercial ()rganic Materials, 16 and/ or Plant Materials at a particular licensed Facility or to Dispose Solid Waste, 17 Recyclable Materials, Commercial ()rganic Materials, and/or Plant Materials at a 18 particular licensed Disposal Site, if and only if Agency exercises such right by providing 19 specific written direction to Contractor. Subject to Article 6 and the other provisions of 20 this Agreement, Contractor shall have the right to retain any benefit resulting from its 21 right to retain, Recycle, process, Dispose of, or reuse the Solid Waste, Recyclable 22 Materials, Commercial Organic Materials and/or Plant Materials, which it Collects. 23 Solid Waste, Recyclable Materials, Commercial ()rganic Materials and/or Plant 24 Materials, or any part thereof, which is disposed of at a Disposal Site, transformation 25 Facility, Transfer Station, Material Recovery Facility or other Facilities shall become the 26 property of the owner or operator of the Disposal Site(s) once deposited there by 27 Contractor. Agency may obtain ownership or possession of Solid Waste, Recyclable 28 Materials, Commercial Organic Materials and/ or Plant Materials placed for Collection 29 upon written notice of its intent to do so, however, nothing in this Agreement shall be 30 construed as giving rise to any inference that Agency has such ownership or possession 31 unless such written notice has been given to Contractor. 32 33 Atty/ Agr/2005.022 060205 -9-