POTENTIAL RATE CONSTRAINTS Sample Clauses

POTENTIAL RATE CONSTRAINTS. The Parties recognize that, as of the date this agreement is entered into, there is no authoritative judicial determination of whether Articles 13.C and D (Proposition 218) of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, County intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article 13.D, except as specifically exempted under Article 13.D. County will not be in default of this agreement if:
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POTENTIAL RATE CONSTRAINTS. The parties recognize that, as of the date this Agreement is entered into, there is no authoritative judicial determination of whether Articles 13.C and D of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government. Until such authoritative judicial guidance is available, the Agency intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article 13.D. The Agency will not be in default of this Agreement if (i) a majority protest prevents a proposed rate increase from being adopted, (ii) a court rules that rates adopted by the Agency are not consistent with Article 13.D, or (iii) an initiative reduces rates from those in effect. After any 2909 such event, the parties shall promptly meet and confer in good faith to consider modifications to 2910 service levels commensurate with the rates that Contractor may legally charge.
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