Agmt 2000 Alameda County Industries Inc ACI

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1. Any litigation to which either Party is a litigant which materially impairs a substantive provision of this Agreement. 2. Imposition of penalties on the City for failure to meet its AB 939 diversion goals. 3. Changes in collection method or technology with could, in the opinion of the City Representative, materially decrease the Rates to Customers for Solid Waste, Recyclables and Green Waste Collection. 4. Sale of the current Waste Management Transfer Station on Davis Street 5. Adoption of the Uniform Construction and Demolition Debris Model Ordinance (Exhibit G) ta. Referendum or initiative measure which impairs a material provision of this Agreement The purpose of such renegotiation is to ensure a fair and reasonable rate of return to the Contractor, protect the public health, safety and welfare and to ensure efficient, cost effective service to the Customers. If after good faith negotiation the Parties fail to agree on amendments to this Agreement, it shall remain in full farce and effect ARTICLE 7. BILLING, COLLECTION AND REMITTANCE 7.1 BILLING The Contractor shall bill Customers for Franchise Services current and future under this Agreement The Contractor shall not charge any amount in excess of the approved Rates or Special Charges (as adjusted in accordance with this Agreement) for any services required or permitted to be performed by the terms of this Agreement With regard to the billing of Rates: 1. Special Charges shall not be levied without prior notification to the Customer as specified in Article 4.12.A. 2. The Contractor shall not bill for free backyard service for eligible Customers as specified in Article 4.Ii.G. 3. The Contractor shall not bill for free service to City Facilities, as specified in in Article 4.11 A. 4. The Contractor shall give the Customers sixty (60) days notice of any Rate adjustment i:~wpa~r~uw~nur~,~n~~cwz..h,a ovovoo Page 33 of 59