Common use of POTENTIAL RATE CONSTRAINTS Clause in Contracts

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, County intends to provide notice of proposed rate increases, and an opportunity for public hearing and protest as required by Article 13.D. County will not be in default of this Agreement if: A. A majority protest prevents a proposed rate increase from being adopted, B. A court rules that Rates adopted by County are not consistent with Article 13.D, or C. An initiative reduces Rates from those in effect. After any such event, the Parties shall promptly meet and confer in good faith to consider modifications to service levels commensurate with the Rates that Contractor may legally charge.

POTENTIAL RATE CONSTRAINTS. The Parties 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 solid waste handling and Recycling 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. County will not be in default of this Agreement if: A. A majority protest prevents a proposed rate increase from being adopted, B. A court rules that Rates rates adopted by County are not consistent with Article 13.D, or C. An initiative reduces Rates rates from those in effect. After any such event, the Parties shall promptly meet and confer in good faith to consider modifications to service levels commensurate with the Rates rates that Contractor may legally charge.

POTENTIAL RATE CONSTRAINTS. The Parties 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 solid waste handling and Recycling 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. County will not be in default of this Agreement if: A. A majority protest prevents a proposed rate increase from being adopted, B. A court rules that Rates rates adopted by County are not consistent with Article 13.D, or C. An initiative reduces Rates rates from those in effect. After any such event, the Parties shall promptly meet and confer in good faith to consider modifications to service levels commensurate with the Rates rates that Contractor may legally charge, so that Contractor remains whole and is not penalized. The cost of such Prop 218 related notices and procedures shall be borne solely by the County.