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2431 Contractor shall endeavor to resolve all claims regarding damage to private property 2432 as soon as reasonably practicable following receipt thereof, made by Owners or 2433 Occupants of property served by Contractor, for damages to property including, but 2434 not limited to, Containers. In the event such damage shall have been caused by the 2435 negligence or intentional acts of Contractor, its officers, agents, or employees, 2436 Contractor shall promptly repair or replace such damaged property. The provisions 2437 of this Section 8.02.1-1 shall not be deemed a limitation upon any other provisions of 2438 this Agreement, or any rights or remedies which may accrue to Agency by reason of 2439 Contractor's acts or omissions to act hereunder. Contractor is required to repair 2440 damage and/or resolve claims regarding damage to property within thirty (30) Days 2441 of receipt of the Complaint. 2442 This Section 8.02.H shall not apply to damage to public or private roads or 2443 driveways caused by the weight of Contractor's vehicles. If a Customer requests 2444 Contractor to provide on -premises (i.e., non -Curbside) service, and in doing so 2445 would require Contractor to drive its Collection vehicle on a private road or 2446 driveway, then, as a condition to providing that service, Contractor shall require the 2447 Customer, property owner, or other responsible party to sign a reasonable waiver 2448 releasing Contractor from liability for such damage. 2449 I. Litter Abatement 2450 1. Minimization of Spills. If any Solid Waste, Targeted Recyclable Materials, or 2451 Organic Materials are spilled or scattered during Collection or transportation 2452 operations, the Contractor shall promptly clean up all spilled and scattered 2453 materials. Contractor shall use due care to prevent vehicle oil, vehicle fuel, or 2454 other liquids from being spilled during Collection or transportation operations 2455 including maintenance of the Collection vehicles to minimize and correct any 2456 leaks. Contractor shall ensure that all liquid spills or leaked liquids or fluids are 2457 cleaned up promptly on the same day that they occur. 2458 Contractor shall not transfer loads from one vehicle to another on any public 2459 street, unless it is necessary to do so because of mechanical failure, 2460 emergency (e.g., combustion of material in the vehicle), accidental damage to 2461 a vehicle, or unless approved by the Agency. 2462 2. Clean -Up. During Collection operations, the Contractor shall clean-up litter in 2463 the immediate vicinity of any Container storage area (including the areas where 2464 Containers are delivered for Collection) if Contractor's actions are the cause of 2465 the litter. Each Collection vehicle shall be equipped with protective gloves, a 2466 broom, and shovel at all times for cleaning up litter. Absorbent material shall 2467 be carried on each Collection vehicle at all times and used by Contractor for 2468 cleaning up liquid spills. The Contractor shall document and discuss instances 2469 of repeated spillage not caused by it with the Customer where spillage occurs, 2470 and Contractor shall report such instances to Agency. If the Contractor has 2471 attempted to have a Customer stop creating spillage but is unsuccessful, the 2472 Agency will attempt to rectify such situation with the Customer. Contractor 2473 shall coordinate with Agency regarding Agency street cleaning activities to 2474 minimize litter. 2475 3. Coverino of Loads. Contractor shall cover all open Drop Boxes with an 2476 Agency -approved cover, at the Collection location before transporting materials 2477 to the Designated Transfer and Processing Facility. REV: 03-16-18 MI Page 60 of 126 ATTY/AGR.2018.054/Recology of San Mateo