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substantial, material and adverse effect on the performance by the Parties of their respective <br />obligations under this Franchise (except for performance of remittance obligations): <br />a. the enactment, adoption, promulgation, issuance, modification, or written change in <br />administrative or judicial interpretation on or after the Effective Date of any Applicable Law; <br />or <br />b. the order or judgment of any governmental body, on or after the Effective Date, to the <br />extent such order or judgment is not the result of willful or negligent action, error or omission <br />or lack of reasonable diligence of the City or of the Contractor, whichever is asserting the <br />occurrence of a Change in Law; provided, however, that the contesting in good faith or the <br />failure in good faith to contest any such order or judgment shall not constitute or be construed <br />as such a willful or negligent action, error or omission or lack of reasonable diligence. <br />City "City" means the City of San Leandro. For purposes of Franchise Services, "City" means the <br />area exclusive of that portion of the City served by the Oro Loma Sanitary District unless there is a <br />change of organization or Change in Law whereby Solid Waste, Recycling, Green Waste collection, <br />processing and Disposal services are provided by the City or its Contractor within such area. City also <br />means any unincorporated areas of the County that may during the Term hereof be annexed by the <br />City. <br />City Facility "City Facility" means any building, park, rights of way, public facility or other site owned, <br />leased or used regularly and significantly by the City whether or not in the Franchise Area. <br />City Representative "City Representative" means the City Manager, unless otherwise specified by <br />the City Manager. <br />Commercial "Commercial" means industrial or manufacturing facilities, warehouses, wholesale and <br />retail stores, service establishments, professional offices and other business establishments, and other <br />government facilities and schools. <br />Commercial Service "Commercial Service" means Bin, Cart, Debris Box or compactor service <br />normally provided underthis Franchise to industrial, manufacturing, warehouse, wholesale and retail <br />stores, service establishments, professional Offices and other business establishments, and <br />government facilities and schools. <br />Construction and Demolition Debris "Construction and Demolition Debris" means waste which is <br />generated at residential or Commercial locations at which construction, remodeling or demolition is <br />occurring excluding putrescibles, garbage, or liquid wastes. <br />Containers "Containers" means Bins, Carts, compactors, and Debris Boxes. <br />7:\wpd~sta8~alan\franchisencw2.wpd 07J01/00 Page 3 of 59 <br />