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! D. Effectiveness of Governing Body Action. The Governing Body's Ordinance <br /> 2 No. approving this Agreement shall have become effective <br /> 3 pursuant to California law prior to the effective date. <br /> <br /> 4 3.6 Scope of A~reement <br /> 5 Subject to Section 3.7, the Agreement granted to Company shall be exclusive for <br /> 6 residential Green Waste, except where otherwise precluded by law. Exclusive <br /> 7 services included under this Agreement include, but are not limited to: Green <br /> 8 Waste Collection, mulching, composting, and marketing; and development of <br /> 9 Environmental Day; all subject to the provisions of this Agreement. <br /> <br />10 3.7 Limitations to Scope <br />1! This Agreement for the Collection, processing, and marketing of Green Waste <br />12 granted to Company shall be exclusive except as to the following categories <br />13 Iisted in this Section 3.7. The granting of this Agreement shall not preclude the <br />14 categories listed below from being delivered to and Collected by others, <br />15 provided that nothing in this Agreement is intended to or shall be construed to <br />16 excuse any person from obtaining any authorization from Agency which is <br />17 otherwise required by law: <br />18 a) Green Waste separated from Solid Waste by the Waste Generator and <br />19 which Waste Generator sells, donates, or is otherwise compensated for by <br />20 a collector in a manner resulting in a net payment to the Waste Generator <br />21 for such Green Waste or related services; <br />22 b) Green Waste which is separated at any premises and which are <br />23 transported personally by Owner or occupant of such premises (or by his <br />24 or her full-time employees) to a Material Recovery Facility, Composting <br />25 Facility, or Processing Facility; <br />26 c) Green Waste composted on the Waste Generator's premises; <br />27 d) Green Waste removed from the Waste Generator's premises by a <br />28 gardening, landscaping, or tree trimming company as an incidental part of <br />29 a gardening, landscaping, or tree trimming service offered by that <br />30 company rather than as a hauling service; <br />31 e) Government facilities, including public schools; and, <br />32 . f) Commercially generated Green Waste that is not from a Home Based <br />33 Business. <br /> <br /> Page l3 8/2/96 <br /> <br /> <br />