Agmt 2000 Alameda County Industries Inc ACI

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3.2 EXCEPTIONS TO FRANCHISE The granting of this Franchise shall not preclude the categories of materials described below from being delivered to, collected and/or transported by others, provided that nothing in this Franchise is intended to or shall be construed to excuse any person from any authorization from the City which is otherwise required by law: 1. Residential Customers from donating or selling Recyclable Materials from Single-Family or Multi- family Residences, or from Mobile Home Parks to any party of their choice. For purposes of this exclusion, donation means to give without any consideration of any nature monetary or otherwise. 2. Recyclable collection services provided to Commercial Customers at no cost of any kind to Commercial Customer and further provided that at least ninety (90) percent of each load of Recyclables is actually Recycled, and not the subject of Disposal. 3. Materials which would otherwise constitute Franchise Materials that are removed from a premises by a landscaping or gardening contractor retained by the Owner as an incidental part of a gardening, landscaping, tree trimming, cleaning, maintenance, construction or similar service offered by such landscape or gardening contractor rather than as a hauling service. 4. Non-Franchise Materials which the Contractor refuses or is not capable of collecting at any point in time because such service cannot reasonably or economically be provided. This exception shall not be used by the Contractor as an excuse for non performance or default hereunder. 5. Construction and Demolition Debris materials removed from a construction site by the general or construction contractor as an incidental part of that construction project rather than as a hauling service.. The provisions of this Franchise shall not preclude or prohibit the City or any officer or employer thereof or any employee of the State of California, or any governmental subdivision thereof, from collecting, removing, and disposing of Solid Waste, Recyclables and Green Waste from the City, state or public facilities. 3.3 TERM OF AGREEMENT AND EFFECTIVE DATE A. Term. The Term of this Agreement shall continue in force for a period often (10) years from the Effective Date of February 1, 2000, and shall be renewed for an additional ten (10) year period provided that the Contractor is not in material default and subject to the requirements hereof. B. Additional Term. Contractor shall have the option to extend the Term of this Agreement for a ten (10) year period commencing February 1, 2010 and ending January 31, 2020. Notice of the Contractor's exercise of such right shall be given at least eighteen (18) months prior to the expiration of the original Term hereof: 1. Within twelve (12) months prior to the expiration of the original term hereof, an independent audit of all financial records of the Contractor required to be maintained in Article 8 and 9 hereof shall be 7:h,Pa~SfafT~ktn~fi'an~-use~,ewz.n+pa ovo~~oo Page 11 of 59