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1 Company acknowledges and agrees that Agency may permit other persons 2 besides Company to Collect any or all types of Green Waste excluded from the 3 scope of this Agreement as set forth above, without seeking or obtaining 4 approval of Company under this Agreement. 5 This grant to Company of the exclusive right and privilege to Collect, process, 6 and market Green Waste shall be interpreted to be consistent with state and 7 federal laws, now and during the term of the Agreement, and the services 8 provided hereunder shall be limited by current and developing state and federal 9 laws with regard to Solid. Waste handling, exclusivity of agreements, control of 10 Green Waste, flow control, and related doctrines. In the event that future 11 interpretations of current law, enactment or developing legal trends, or other 12 judicial decisions or orders limit the ability of Agency to lawfully provide for the 13 scope of services as specifically set forth herein, Company agrees that the scope 14 and extent of the Agreement will be limited to those services and materials 15 which may be lawfully provided for under this Agreement, and that Agency 16 shall not be responsible for any lost profits claimed by Company to arise out of 17 further limitations of the scope or extent of services of the Agreement set forth 18 herein. In such an event, it shall be the responsibility of Company to exercise 19 reasonable commercial effort to minimize the financial impact to those remaining 20 other services being provided as much as possible. 21 3.8 A_~ency Ri_~ht to Direct Chan_~es 22 3.8.1 General 23 Agency may direct Company to perform additional services (including new 24 diversion programs, billing services, etc.) or modify the manner in which it 25 perfom.s existing services. Pilot programs and innovative services which may 26 entail new Collection methods, different kinds of services and/or new 27 requirements for Waste Generators are included among the kinds of changes 28 which Agency may direct. Company shall be entitled to an adjustment in its 29 compensation in accordance with Section 6.4 for provision of such additional Or 30 modified services. 31 3.8.2 New Diversion Programs 32 Company shall present, within thirty (30) days of a request to do so by Agency, a 33 proposal to provide additional or expanded diversion services. The proposal 34 shall contain a complete description of the following: 35 a) Collection methodology to be employed (equipment, manpower, etc.). Page 14 8/2/96