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viii. Any changes in the contractual relationships or in the compensation arrangements <br />between each of the jurisdictions specified in Exhibit A, excluding the City, and their <br />current and/or future service Solid Waste, Recycling and Green Waste contractor(s). <br />S. Ineligible Items. The Contractor will not be compensated over the Term for: <br />i. Increases in the cost of Recyclables transportation or processing. <br />ii. Decreases in Recycling Revenues from the sale of Recyclables Materials. <br />iii. Increases in transportation costs or Tipping Fees related to Solid Waste collection. <br />iv. Increases in transportation costs or Tipping Fees related to Disposal or Residue Disposal. <br />v. Increases in traffic congestion and for time spent on collection routes or while otherwise <br />providing service or while transporting Solid Waste, Recyclables, or Green Waste <br />following collection and/or processing. <br />vi. Growth in the number of Customers due to population increase. <br />vii. Shifts in accounts from larger to smaller Containers. <br />viii. Incorrectly estimated number of accounts; Tons of Solid Waste, Recyclables or Green <br />Waste; or inaccuracies in any other assumptions or data at any time during the Term. <br />C. Review of Costs. Should the Contractor request a Special Rate review, the City Representative <br />shall have the right to review any or all costs associated with the Contractor's services under this <br />Agreement <br />D. Submittal of Request The Contractor must submit its request for a special review of Rates, and <br />reasonable cost and operational data in a font and manner specified by the City Representative at least <br />six (6) months prior to the proposed Effective Date of any Rate adjustment <br />E. Burden of Justification. The Contractor shall bear the burden of justifying to the City <br />Representative by Substantial Evidence any entitlement to a Rate increase under this Article based upon a <br />standard of fair and reasonable rate of return. If the City determines that the Contractor has not met its <br />burden, the Contractor may, before seeking arbitration, request another hearing to produce additional <br />evidence. Upon request, the City may permit said additional hearing. <br />6.6 AGREEMENT REOPENERS <br />This Agreement shall be reopened for good faith negotiations between the City and the Contractor only for <br />the following events and only for these fallowing issues: <br />a:~m~z..~a ovovoo Page 32 of 59 <br />