Collection Right Sample Clauses

Collection Right. Throughout the Contract Term, the Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Recyclables, and Compostables placed in designated Containers and set out in the regular collection locations within the City Service Area subject to this Contract. When asked by the Contractor, the City shall make a good faith effort to protect the exclusive rights of the Contractor under this Contract; however, the City shall not be obligated to instigate, join in, or contribute to the expense of litigation to protect the exclusive rights of the Contractor unless a court of competent jurisdiction has determined that the City’s institution of or joinder in such litigation is necessary for the protection of those rights. The Contractor may independently enforce its exclusive-collection rights under this Contract against third-party violators, including, but not limited to, seeking injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought by the Contractor (without obligating the City to join any such litigation, except for as provided in this paragraph). These efforts may include but not be limited to cease and desist letters, assistance with documenting violations, and other activities as City staff time reasonably allows. The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage, Recyclables, and Compostables once these materials are placed in Contractor-provided or the City-owned Containers. The Contractor shall retain revenues gained from the sale of Recyclables or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables or Compostables shall be the financial responsibility of the Contractor. This Contract provision shall not apply to Garbage, Recyclables, or Compostables self-hauled by the generator; to Source-separated materials hauled by common or private carriers (including drop-off recycling sites); or to construction/demolition waste hauled by self-haulers or construction or demolition contractors in the normal course of their business.