Materials That Contractor Does Not Divert. Discarded Materials that the Contractor is not required 272 to Process and Divert under this Agreement as of the Effective Date of this Agreement, which 273 subsequently (in the City’s reasonable judgment) become economically feasible to Divert. In such 274 event, Contractor shall have the exclusive right to Collect and Process such materials if Contractor 275 agrees to do so without any change in Rates. If Contractor is unwilling to Process and Divert such 276 new materials at existing Rates, the City may provide for Collection, Processing, and Diversion of 277 such materials in any manner it deems appropriate. Such materials may include, but not be limited 278 to, Organic Waste that Contractor would otherwise Dispose. Contractor may not enforce its 279 exclusive franchise rights in a manner that would prevent the Diversion of material that Contractor 280 is unable or unwilling to Divert.
Materials That Contractor Does Not Divert. Discarded Materials which the Contractor is not 103 required to Process and Divert under this Agreement as of the Effective Date of this Agreement 104 which subsequently, in the County’s reasonable judgment, become economically feasible to 105 Divert. In such event, Contractor shall have the exclusive right to Collect and Process such 106 materials if Contractor agrees to do so without any change in Rates. If Contractor is unwilling to 107 Process and Divert such new materials at existing Rates, the County may provide for Collection, 108 Processing, and Diversion of such materials in any manner it deems appropriate. Such materials 109 may include, but not be limited to, Organic Materials which Contractor would otherwise Dispose. 110 Contractor may not enforce its exclusive franchise rights in a manner that would prevent the 111 Diversion of material that Contractor is unable or unwilling to Divert. 112 F. Beverage Containers. Containers delivered for Recycling under the California Beverage Container 113 Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code. 114 G. Materials Removed by Customer’s Contractor as Incidental Part of Services. Recyclable 115 Materials, Organic Materials, Solid Waste, and Bulky Items removed from a Premises by a 116 contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, Residential 117 clean-out service) as an incidental part of the service being performed, rather than as a separately 118 contracted or subcontracted hauling service. 119 H. On-site or Community Composting. Organic Materials Composted or otherwise legally managed 120 at the site where it is generated (e.g., backyard Composting, or on-site anaerobic digestion) or at 121 a Community Composting site.
