Common use of Third and Subsequent Occurrence Clause in Contracts

Third and Subsequent Occurrence. For the third or subsequent occurrence within any twelve-month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), CONTRACTOR must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient a contamination fee as set forth in Exhibit 1. CONTRACTOR must continue providing the Recyclable Materials or Organic Waste Collection Services. CONTRACTOR must provide (or have provided) digital documentation to the Service Recipient that clearly documents the Service Recipient’s on-going contamination problems and written Notices of contamination as described above. CONTRACTOR must either (i) notify CITY within five (5) Business Days to adjust the offending Service Recipient to the appropriate Service Rate as set forth in Exhibit 1 if CONTRACTOR increases in the Bin or Cart size or frequency of collection for excessive contamination, or (ii) notify the CITY to impose a contamination surcharge to the account for a period of six months or until the Service Recipient has demonstrated no contamination for a period of three consecutive months. CITY will consult with CONTRACTOR and consider, and pursue as applicable, appropriate legal remedies against offending Service Recipients in order to secure discontinuance of the contamination. All CITY costs of such action shall be recoverable from the offending Service Recipients.

Third and Subsequent Occurrence. For the third or subsequent occurrence within any twelve-month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), CONTRACTOR must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient a contamination fee as set forth in Exhibit 1. CONTRACTOR must continue providing the Recyclable Materials or Organic Waste Collection Services. CONTRACTOR must provide (or have provided) digital documentation to the Service Recipient that clearly documents the Service Recipient’s on-going contamination problems and written Notices of contamination as described above. CONTRACTOR must either (i) notify CITY within five (5) Business Days to adjust the offending Service Recipient to the appropriate Service Rate as set forth in Exhibit 1 if CONTRACTOR increases in the Bin or Cart size or frequency of collection requires an additional Cart for excessive contamination, or (ii) notify the CITY to impose a contamination surcharge to the account for a period of six months or until the Service Recipient has demonstrated no contamination for a period of three consecutive months. CITY will consult with CONTRACTOR and consider, and pursue as applicable, appropriate legal remedies against offending Service Recipients in order to secure discontinuance of the contamination. All CITY costs of such action shall be recoverable from the offending Service Recipients.

Third and Subsequent Occurrence. For the third or and subsequent occurrence within any twelve-month period of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), CONTRACTOR must collect the contaminated Container (as Solid Waste) and must charge the Service Recipient a contamination fee as set forth in Exhibit 1. CONTRACTOR must continue providing the Recyclable Materials or Organic Waste Collection Services. CONTRACTOR must provide (or have provided) digital documentation to the Service Recipient that clearly documents the Service Recipient’s on-going contamination problems and written Notices of contamination as described above. CONTRACTOR must either (i) notify CITY within five (5) Business Days to adjust the offending Service Recipient to the appropriate Service Rate as set forth in Exhibit 1 if CONTRACTOR increases in the Bin or Cart size or frequency of collection for excessive contamination, or (ii) notify the CITY to impose a contamination surcharge to the account for a period of six months or until the Service Recipient has demonstrated no contamination for a period of three consecutive months. CITY will consult with CONTRACTOR and consider, and pursue as applicable, appropriate legal remedies against offending Service Recipients in order to secure discontinuance of the contamination. All CITY costs of such action shall be recoverable from the offending Service Recipients.