Agmt10 Recology San Mateo County

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• • 73 b. The order or judgment of any governmental body, on or after the Effective Date, to the 74 extent such order or judgment is not the result of willful or negligent action, error or 75 omission or lack of reasonable diligence of the Agency, or of the Contractor, whichever 76 is asserting the occurrence of a Change in Law; provided, however, that the contesting 77 in good faith or the failure in good faith to contest any such order or judgment shall not 78 constitute such a willful or negligent action, error or omission or lack of reasonable 79 diligence. 80 Collect/Collection 81 "Collect" or "Collection" means to take physical possession, transport, and remove Solid Waste, 82 Targeted Recyclable Materials, Organic Materials, or other materials pursuant to this Agreement 83 within and from Agency. 84 Collection Container 85 "Collection Container" means any Container provided by Contractor to store and Collect Solid 86 Waste, Targeted Recyclable Materials, Organics, or any other material targeted for Collection 87 by Contractor or subcontractor of Contractor. 88 Commencement Date 89 "Commencement Date" means the date specified in Section 3.02 when the Contractor is to 90 begin providing services required by this Agreement. 91 Commercial 92 "Commercial" means a business activity including, but not limited to, retail sales, wholesale 93 sales, services, research and development, government, education, non - profit, hospital, 94 manufacturing, institutional and industrial operations, but excluding businesses conducted upon 95 Residential Property which are permitted under applicable zoning regulations and are not the 96 primary use of the property. Commercial Collection includes service provided to Multi - Family 97 Dwelling Customers and Agency Facilities, notwithstanding the classification of any such 98 account by Agency for direct billing purposes. 99 Commercial Diversion Level 100 "Commercial Diversion Level" means the sum of all Commercial Recyclable Materials Collected 101 by Contractor divided by the sum of all Commercial materials Collected by Contractor. 102 Commingle 103 "Commingle" means to mix, mingle, or combine Targeted Recyclable Materials in a Collection 104 Container. 105 Compactor 106 "Compactor" means a mechanical apparatus that compresses materials and /or the Container 107 that holds the compressed materials. Compactors include Bin compactors of any size serviced 108 by front - loading Collection vehicles and Drop Box compactors of any size serviced by Drop Box 109 Collection vehicles. Franchise Agreement for Collection Services with Recology San Mateo County Attachment A City of Redwood City Definitions Page 3 of 17