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Agmt79 SM Scavenger - BFI
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Agmt79 SM Scavenger - BFI
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Last modified
7/5/2005 2:33:15 PM
Creation date
1/12/2004 11:12:21 AM
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Agreement
Contractor Name
San Mateo Co. Scavenger Co - Browning-Ferris BFI
RMP File Number
702-02 bin 12
Date
7/30/1979
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within 15 days after demand is made upon Company by City for <br />such payment. <br /> <br /> "In addition to the above procedure for a rate modification <br />and adjustment, Company may also petition City at any time for <br />an increase in rates. Such request must be based upon changes <br />in the cost of operations from unforseen causes such as new <br />or revised regulations which mandate, or circumstances which <br />dictate, different disposal sites or methods. In the event <br />City or Company do not agree to a change or changes in rates <br />pursuant to the procedure hereinabove mentioned within 60 days, <br />the rate increase shall be determined by arbitration. <br /> <br /> "In the event that any of the matters specified in this <br />paragraph proceed to arbitration for a determination, the <br />arbitrators shall determine whether or not the facts warrant <br />a change in the rate schedule, and, if they so determine, the <br />arbitrators shall specify the new schedule. The laws of the <br />State of California regarding arbitration, insofar as applicable, <br />shall govern any arbitration proceeding under this paragraph. <br /> <br /> "The arbitrators may examine evidence and witnesses and <br />shall have access to all books, records and accounts of Company. <br />The decision of at least two of the three arbitrators as to the <br />increase or decrease in rates as to any new rate schedule 'shall <br />be final and binding on City and Company. The decision shall <br />be in writing and, immediately upon its completion, a copy <br />thereof shall be transmitted to Company and City. The decision <br />shall specify whether or not a change in rates is required, <br />and if it be so required, the decision shall contain the new <br />rate schedule. <br /> <br /> "At its regular meeting next succeeding receipt of a copy <br />of the decision (in the event such decision provides for an <br /> <br /> -4- <br /> <br /> <br />
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