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1 4.08 Warning Notices. Contractor may choose not to Collect Recyclable 2 Materials, Commercial Organic Materials or I'lant Materials that contain ten percent 3 (10%) by volume or greater of Solid Waste subject to Contractor's best efforts to educate 4 the public, but Contractor shall issue written warning notices to such service recipients 5 stating the reason(s) why their Recyclable Materials and/ or Plant Materials were not 6 Collected. Contractor shall report monthly to Agency any warning notices issued. 7 Contractor shall take direction from the Agency with regard to termination or 8 reinstatement of service to a service recipient. Contractor may refuse to Collect 9 Recyclable Materials or Plant Materials from, and shall not be obligated to continue to 10 provide any Recyclable Materials or Plant Materials Container to, any service recipient 11 who, after efforts to re-educate the service recipient and the second written warning in a 12 twelve (12) month period, fails to sort Recyclable Materials or Plant Materials from 13 other Solid Waste and/ or fails to properly set out their Recyclable Materials or Plant 14 Materials Container. 15 16 4.09 Marketing of Recyclable Materials, Commercial Organic Materials and 17 Plant Materials. Per a separate Agreement for the ()peration of the Facilities between 18 the SBWMA and the Contractor, Contractor shall be responsible for delivering 19 Recyclable Materials, Commercial ()rganic Materials and Plant Materials to the 20 Facilities subject to Section 2.09 and marketing and sale, donation, or reuse of all 21 Recyclable Materials or Plant Materials Collected pursuant to this Agreement. 22 23 Contractor shall prepare, submit to the Agency for approval, and maintain a 24 marketing plan for all Recyclable Materials, Commercial ()rganic Materials or Plant 25 Materials Collected by Contractor under this Agreement. The approved marketing plan 26 for Recyclable Materials, Commercial ()rganic Materials or I'lant Materials service shall 27 be in place with the execution of this Agreement and at the time of beginning any 28 expanded service. The marketing plan shall fully describe Contractor's marketing 29 methods and approach, targeted primary and contingent markets, pricing policy, and 30 assumed salvage value or cost for each Collected type of Recyclable Materials, 31 Commercial ()rganic Materials or Plant Materials. 32 33 4.10 Operations. 34 35 4.10.1 Schedules. Residential Solid Waste, Residential Recyclable 36 Materials and Plant Materials shall be collected on weekdays between 6:00 AM and 6:00 37 PM. To preserve peace and quiet, no Solid Waste, Recyclable Materials or Plant 38 Materials shall be Collected from or within two-hundred (200) feet of residential 39 Premises between 6:00 P.M. and 6:00 A.M. on any day. Contractor shall notify Agency 40 and service recipients in writing at least two (2) weeks before an alternate Collection 41 day is scheduled when the regularly scheduled Collection day falls on a Holiday when 42 no Collections are scheduled. Collection of Solid Waste from Commercial, industrial 43 and institutional Properties shall be scheduled at the direction of the Agency. 44 Atty j Agrj2005.022 060205 -20-