PLEASANTON GARBAGE FRANCHISE AGREEMENT 2018

City of Pleasanton Article 1. Definitions Franchise Agreement with Pleasanton Garbage Service 151 1.21 Cart Service 152 "Cart Service" means Collection services provided to Customers using Carts as defined in Section 1.20. 153 Cart Service may be used by Single-Family Premises, Multi-Family Premises, or Small Commercial 154 Generators. 155 1.22 Change in Law 156 "Change in Law" means any of the following events or conditions which has a material and adverse effect 157 on the performance by the Parties of their respective obligations under this Agreement (except for 158 payment obligations): 159 A. The enactment,adoption,promulgation,issuance, modification,or written change in administrative 160 or judicial interpretation on or after the Effective Date of any Applicable Law; or 161 B. The order or judgment of any governmental body, on or after the Effective Date,to the extent such 162 order or judgment is not the result of willful or negligent action, error or omission or lack of 163 reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a 164 Change in Law; provided, however,that the contesting in good faith or the failure in good faith to 165 contest any such order or judgment shall not constitute or be construed as such a willful or negligent 166 action,error or omission or lack of reasonable diligence. 167 1.23 City 168 "City" means the City of Pleasanton, a municipal corporation, and all the territory lying within the 169 municipal boundaries of the City as presently existing or as such boundaries may be modified during the 170 Term,except as provided for in Section 12.13. 171 1.24 City Contract Manager 172 "City Contract Manager" means the City Manager or their designee. 173 1.25 Collection (or variation thereof) 174 "Collection" means the removal and Transportation of Solid Waste from the place where it was generated 175 to a Disposal Site and/or the removal and Transportation of Recyclable Materials,Organic Materials, and 176 other Salvageable Materials from the place where such materials were generated to a Processing Site. 177 1.26 Commencement Date 178 "Commencement Date" means the date specified in Section 3.1 when Collection, Transportation, 179 Processing, and Disposal services required by this Agreement shall be provided. 180 1.27 Commercial 181 "Commercial" means of, from or pertaining to non-Residential Premises where business activity is 182 conducted, including, but not limited to, wholesale and retail sales and operations, services, City of Pleasanton Page 6 March 8, 2018