Third and Subsequent Occurrences Sample Clauses

The "Third and Subsequent Occurrences" clause establishes specific terms or consequences that apply when a particular event or breach happens for the third time or more. Typically, this clause escalates the response to repeated violations, such as increasing penalties, shortening cure periods, or allowing for immediate termination after multiple infractions. Its core function is to deter repeated non-compliance by imposing stricter measures after initial warnings or remedies have failed, thereby encouraging adherence to the agreement and addressing persistent issues.
Third and Subsequent Occurrences. Company may opt to not collect Recyclable Materials or Green Waste containers with Contamination; in such event, the customer may request the container be collected as Solid Waste, and an additional fee will apply. Alternatively, Company may collect a container with Contamination and invoice the customer a Contamination Charge in the amount set forth in Exhibit A. In either case, the Company shall provide a Violation Notice where such electronic contact information has been provided.
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Third and Subsequent Occurrences. For the third and subsequent occurrence 601 within any one Calendar Year of Contamination of Organic Waste, Contractor will provide a Contamination 602 Violation Notice that contains instructions on the proper procedures for setting out Recyclable Materials or 603 Organic Waste. Contractor must collect the contaminated Container as Garbage and may charge the Service 604 Recipient a Contamination charge. For any Contamination charge being billed, Contractor must provide 605 digital/visual documentation to the Service Recipient that clearly documents the Service Recipient’s on-going 606 Contamination problems. Contractor may increase the Container size, require locking Containers, or 607 increase collection frequency, and impose a Contamination charge on the account for a period of six months 608 or until the Service Recipient has demonstrated no Contamination for a period of three consecutive months. 609 Contractor must document Contamination issues and charges in the Waste Reporting System and notify 610 City within five (5) Business Days if Contractor increases the Container size, requires locking Containers, 611 increases collection frequency for excessive Contamination, or imposes the Contamination charge to the 612 account. City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies 613 against offending Service Recipients in order to secure discontinuance of the Contamination.
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Third and Subsequent Occurrences. Licensee may opt to not collect Recyclables Containers with Contamination; in such event, the customer may request the container be collected as Refuse, and an additional fee will apply. Alternatively, Licensee may collect a container with Contamination and invoice the service recipient a Contamination Charge in the amount set forth in Exhibit A. In either case, Licensee shall provide a Violation Notice where such electronic contact information has been provided. • Overage. Licensee may opt to not collect Overage, unless caused by Licensee spillage of non-overloaded containers during collection; in such event, the customer may correct the Overage and request that Licensee return to service the container (an additional fee will apply). Alternatively, Licensee may collect the container with Overage and invoice the customer an Overage Charge in the amount set forth in Exhibit A. In either case, the Licensee shall provide a Violation Notice where such electronic contact information has been provided. If there have been more than three instances of Overage in any 12-month period for a particular service (i.e., Refuse or Recyclables), Licensee may increase the customer’s service level (i.e., larger or additional containers) to mitigate the Overage, and may increase the charges to such Customer according to the increased service level.
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Third and Subsequent Occurrences. Company may opt to not collect Recyclable Containers with Contamination; in such event, the Service Recipient may request the Container be collected as Refuse, and an additional fee will apply. Alternatively, Company may collect a Container with Contamination and invoice the Service Recipient a Contamination Charge in the amount set forth in Exhibit “A”. In either case, the Company shall provide a Violation Notice where such electronic contact information has been provided. Overage. Company may opt to not collect Overage, unless caused by Company spillage of non-overloaded Containers during collection; in such event, the Service Recipient may correct the Overage and request that Company return to service the Container (an additional fee will apply). Alternatively, Company may collect the Container with Overage and invoice the Service Recipient an Overage Charge in the amount set forth in Exhibit “A”. In either case, the Company shall provide a Violation Notice where such electronic contact information has been provided. If there have been more than three instances of Overage in any 12-month period for a particular service (i.e., Refuse or Recyclables), Company may increase the Service Recipient’s service level (i.e., larger Container or more frequent service) to mitigate the Overage, and may increase the charges to such Service Recipient according to the increased service level.
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Third and Subsequent Occurrences. For the third or subsequent occurrence within any one Calendar Year of contamination for a particular Collection Container (e.g., Recyclable Materials or Organic Waste), Contractor shall collect the contaminated Container (as Solid Waste) and may charge the Generator a contamination fee as set forth in Exhibit 1. Contractor shall continue providing the Recyclable Materials or Organic Waste Collection Services. Contractor provide (or have provided) photographic documentation to the Generator that clearly shows the Generator’s contamination and written notices of contamination as described above. Contractor may increase the Collection Container size or collection frequency and impose a contamination surcharge on the account for a period of six months or until the Generator has demonstrated no contamination for a period of six consecutive months. Contractor shall document the contamination issue. City shall consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against offending Generator in order to secure discontinuance of the contamination.
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Third and Subsequent Occurrences. Company may opt to not collect Recyclables or Organic Waste Containers with Contamination; in such event, the Customer may request the container be collected as Refuse, and an additional fee will apply. Alternatively, Company may collect a Container with Contamination and invoice the Service Recipient a Contamination Charge in the amount set forth in Exhibit A. In either case, the Company shall provide a Violation Notice where such electronic contact information has been provided.
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Third and Subsequent Occurrences. Company may opt to not collect Recyclables with Contamination; in such event, the Service Recipient may request the Container be collected as Refuse, and an additional fee will apply. Alternatively, Company may collect a Container with Contamination and invoice the Service Recipient a Contamination Charge in the amount set forth in Exhibit “A”.
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Third and Subsequent Occurrences. Waste Management may opt to not collect recyclables containers with Contamination; in such event, the customer may request the container be collected as solid waste, and an additional fee will apply. Alternatively, Waste Management may collect a container with Contamination and invoice the City a Contamination charge in the amount set forth in paragraph K.1. In either case, the Waste Management shall provide a Violation Notice where such electronic contact information has been provided.
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Related to Third and Subsequent Occurrences

  • Modifications and Updates to the Wire Center List and Subsequent Transition Periods 5.4.6.1 In the event AT&T identifies additional wire centers that meet the criteria set forth in Sections 5.4.2.1 or 5.4.2.2 above, but that were not included in the Master List of Unimpaired Wire Centers or AT&T’s List of Unimpaired Wire Centers, AT&T shall include such additional wire centers in a CNL. Each such list of additional wire centers shall be considered a Subsequent Wire Center List. AT&T will follow any limitations on the frequency with which it may issue such lists and notification procedures set forth in applicable Commission orders. 5.4.6.2 TWTC shall have thirty (30) business days to dispute the additional wire centers listed on AT&T’s CNL. Absent such dispute, effective thirty (30) business days after the date of a AT&T CNL providing a Subsequent Wire Center List, AT&T shall not be required to provide DS1 and DS3 Dedicated Transport, as applicable, in such additional wire center(s), except pursuant to the self-certification process as set forth in Section 1.9.1 of this Attachment. 5.4.6.3 For purposes of Section 5.4.6.1 above, AT&T shall make available DS1 and DS3 Dedicated Transport that were in service for TWTC in a wire center on the Subsequent Wire Center List as of the thirtieth (30th) business day after the date of AT&T’s CNL identifying the Subsequent Wire Center List (Subsequent Embedded Base) until one hundred eighty (180) days after the thirtieth (30th) business day Version: 4Q06 Standard ICA 11/30/06 from the date of AT&T’s CNL identifying the Subsequent Wire Center List (Subsequent Transition Period). 5.4.6.4 The rates set forth in Exhibit B shall apply to the Subsequent Embedded Base during the Subsequent Transition Period. 5.4.6.5 No later than one hundred eighty (180) days from AT&T’s CNL identifying the Subsequent Wire Center List, TWTC shall submit an LSR(s) or spreadsheet(s) as applicable, identifying the Subsequent Embedded Base of circuits to be disconnected or converted to other AT&T services. 5.4.6.5.1 In the case of disconnection, the applicable disconnect charges set forth in this Agreement shall apply. 5.4.6.5.2 If TWTC chooses to convert DS1 and/or DS3 Dedicated Transport to special access circuits in existence as of the Effective Date of this Agreement, AT&T will include such DS1 and/or DS3 Dedicated Transport within TWTC’s total special access circuits, and apply any discounts to which TWTC is entitled from the transition period of 3/11/2006 to the conversion date. Conversions will be subject to the switch-as-is charge set forth in Exhibit A to this Attachment 2. 5.4.6.5.3 AT&T shall not impose disconnect or nonrecurring installation charges when transitioning the Subsequent Embedded Base of DS1 and DS3 Dedicated Transport in existence as of the Effective Date of this Agreement. 5.4.6.6 If TWTC fails to submit the LSR(s) or spreadsheet(s) for all of its Subsequent Embedded Base by one hundred eighty (180) days after the date of AT&T’s CNL identifying the Subsequent Wire Center List, AT&T will identify TWTC’s remaining Subsequent Embedded Base, if any, and will transition such circuits to the equivalent tariffed AT&T service(s), or in the case of Georgia, to the equivalent 271 service(s) set forth in Exhibit 1. In the states of Florida, Kentucky, Mississippi and South Carolina, those circuits identified and transitioned by AT&T shall be subject to the applicable disconnect charges as set forth in this Agreement and the full nonrecurring charges for installation of the equivalent tariffed AT&T service as set forth in AT&T’s tariffs. In the states of Alabama, Georgia, North Carolina and Tennessee, those circuits identified and transitioned by AT&T shall be subject to the applicable switch-as-is rates set forth in Exhibit A of Attachment