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4024 Payment related to Performance Incentives and Disincentives are to be included in 4025 Contractors Application and Contractor's Compensation for the next Rate Year will 4026 be increased or decreased by the net amount of Performance Incentive payments 4027 and Disincentive assessments calculated. 4028 11.08 NOTICE OF RATE ADJUSTMENTS 4029 If requested by Agency, Contractor shall provide Agency with a complete and current list 4030 of its Customer addresses within ten (10) Days of the request. In addition, if requested 4031 by Agency, Contractor shall arrange for notices (prepared by Agency) to be mailed. 4032 11.09 POTENTIAL RATE CONSTRAINTS 4033 A. The parties recognize that, as of the date this Agreement is entered into, there is no 4034 authoritative judicial determination of whether Articles 13.0 and 13.D of the 4035 California Constitution apply to rates and charges imposed by private enterprises for 4036 Solid Waste handling and Recycling services when those charges are regulated by 4037 a local government. 4038 Until such authoritative judicial guidance is available, the Agency intends to provide 4039 notice of proposed Rates or Charges increases, and an opportunity for public 4040 hearing and protest as required by Article 13.D of the California Constitution. B. 4041 The Agency will not be in default of this Agreement if (i) a majority protest 4042 prevents a proposed Rate increase from being adopted, (ii) a court rules that Rates 4043 adopted by the Agency are not consistent with Article 13.D, or (iii) an initiative 4044 reduces Rates from those in effect. After any such event, the Parties shall promptly 4045 meet and confer in good faith to consider modifications to service levels 4046 commensurate with the Rates that Contractor may legally charge. 4047 rr REV: 03-16-18 MI ATTY/AGR.2018.054/Recology of San Mateo Page 98 of 126