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<br />REV: 03-16-18 MI <br />ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO <br />Page 96 of 119 <br />11.08 NOTICE OF RATE ADJUSTMENTS 3948 <br />If requested by Agency, Contractor shall provide Agency with a complete and current list 3949 <br />of its Customer addresses within ten (10) Days of the request. In addition, if requested by 3950 <br />Agency, Contractor shall arrange for notices (prepared by Agency) to be mailed. 3951 <br />11.09 POTENTIAL RATE CONSTRAINTS 3952 <br />A. The parties recognize that, as of the date this Agreement is entered into, there is no 3953 <br />authoritative judicial determination of whether Articles 13.C and 13.D of the California 3954 <br />Constitution apply to rates and charges imposed by private enterprises for Solid 3955 <br />Waste handling and Recycling services when those charges are regulated by a local 3956 <br />government. 3957 <br />Until such authoritative judicial guidance is available, the Agency intends to provide notice 3958 <br />of proposed Rates or Charges increases, and an opportunity for public hearing and 3959 <br />protest as required by Article 13.D of the California Constitution. B. The Agency 3960 <br />will not be in default of this Agreement if (i) a majority protest prevents a proposed 3961 <br />Rate increase from being adopted, (ii) a court rules that Rates adopted by the Agency 3962 <br />are not consistent with Article 13.D, or (iii) an initiative reduces Rates from those in 3963 <br />effect. After any such event, the Parties shall promptly meet and confer in good faith 3964 <br />to consider modifications to service levels commensurate with the Rates that 3965 <br />Contractor may legally charge. 3966 <br /> 3967 <br />3968 <br />6.2.B. - Page 109