Common use of Collection Right Clause in Contracts

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.

Collection Right. Throughout the Contract Term, the The Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Recyclables, Compostables and Compostables Recyclables and construction/demolition materials placed in designated Contractor-owned Containers and set out in the regular collection locations within the City Service Area subject Area. The City, by ordinance or other regulation, or by other effective means, will preclude the provision by any third party of any of the services to which the Contractor has the right by this ContractContract to be the exclusive provider. 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, instigate or join in, or contribute to the expense of in any 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 such rights. The Contractor may independently enforce its exclusive-collection rights under this Contract against third-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 Such‌ 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 will not apply to to: Garbage, Recyclables, or Compostables self-hauled by the generator; to Source-separated materials Separated Recyclables hauled by common or private carriers (including drop-off recycling sites)) from Commercial premises that contain at least ninety percent (90%) recyclable materials; or to construction/demolition waste hauled by self-haulers or construction or demolition contractors in the normal course of their business; Garbage, Recyclables, or Compostables handled by retailers or maintenance services who provide ancillary services unrelated to Curb collection services (e.g. carpet installers, furniture delivery/pick-up, site clean-up services which include loading/sweeping, etc.); Compostables generated and hauled by private landscaping services; or Compostables hauled by common or private carriers from Commercial premises that contain at least ninety percent (90%) Compostable materials. Whether or not the Contractor would be required to collect Compostables or Recyclables from a Commercial Customer pursuant to this Contract, the Contractor shall be free to contract separately and outside of this Contract with the Customer for such collection only if the Customer acknowledges the terms of this Contract and their desire to contract outside of this Contract for such collection. The Contractor shall retain responsibility for Garbage, Recyclables, construction/demolition materials and Compostables once these materials are placed in Contractor-owned Containers and the Contractor shall have no responsibility for these materials prior to the time they are placed in Contractor-owned Containers. The Contractor shall retain revenues it gains from the sale of Recyclables, construction/demolition materials or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables, construction/demolition materials or Compostables shall be the financial responsibility of the Contractor. The City shall work with the Contractor, other haulers and processors, and other regional governments to develop a reasonable definition of what constitutes legitimate construction/ demolition recycling for the purposes of interpreting collection authorities. Once a reasonable recycling threshold or “test” is developed with King County, the City and Contractor shall negotiate and amend this Agreement accordingly.

Collection Right. Throughout the Contract Term, the Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Recyclables, Compostables and Compostables Recyclables 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, 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 such rights. The Contractor may independently enforce its exclusive-collection rights under this Contract against third-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 Such 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. 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. 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 ContainersCity -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.

Collection Right. Throughout the Contract Term, the Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Recyclables, Compostables and Compostables Recyclables 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, 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 such rights. The Contractor may independently enforce its exclusive-collection rights under this Contract against third-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 Such 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. 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.

Collection Right. Throughout the Contract Term, the The Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Recyclables, Compostables and Compostables Recyclables and construction/demolition materials placed in designated Contractor-owned Containers and set out in the regular collection locations within the City Service Area subject to this ContractArea. When asked by the Contractor, the City shall make a good faith effort to protect the exclusive rights this right of the Contractor under this ContractContractor; however, the City shall not be obligated to instigate, join in, or contribute to the expense of instigate litigation to protect the exclusive rights right 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 rightsContractor. The Contractor may independently enforce its exclusive-collection rights under this Contract against third-third party violators, including, including but not limited to, 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 Such efforts may include but not be limited to cease and desist letters, assistance with documenting violations, violations and other activities as City staff time reasonably allowsallows.‌ This contract provision will not apply to: Garbage, Recyclables or Compostables self-hauled by the generator in accordance with Kirkland Municipal Code 16.08.30; Source-Separated Recyclables hauled by common or private carriers (including drop- off recycling sites) from Commercial premises that contain at least ninety percent (90%) recyclable materials; construction/demolition waste hauled by self-haulers or construction contractors in the normal course of their business; Garbage, Recyclables or Compostables handled by retailers or maintenance services who provide ancillary services unrelated to Curb collection services (e.g. carpet installers, furniture delivery/pick-up, site clean-up services which include loading/sweeping, etc.); Compostables generated and hauled by private landscaping services; or Compostables hauled by common or private carriers from Commercial premises that contain at least ninety percent (90%) Compostable materials. The Contractor shall retain the right and cover all costs to dispose of or process and market the responsibility for Garbage, Recyclables, construction/demolition materials and Compostables once these materials are placed in Contractor-provided or owned Containers and the CityContractor shall have no responsibility for these materials prior to the time they are placed in Contractor-owned Containers. The Contractor shall retain revenues gained it gains from the sale of Recyclables Recyclables, construction/demolition materials or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables Recyclables, construction/demolition materials or Compostables shall be the financial responsibility of the Contractor. This Contract provision The City shall not apply work with the Contractor, other haulers and processors, and other regional governments to Garbagedevelop a reasonable definition of what constitutes legitimate construction/ demolition recycling for the purposes of interpreting collection authorities. Once a reasonable recycling threshold or “test” is developed with King County, 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 businessCity and Contractor shall negotiate and amend this Agreement accordingly.