Common use of Authority Granted Clause in Contracts

Authority Granted. City hereby grants Collector limited and non-exclusive authority and franchise to engage, as a Collector in the business of collecting, removing, transporting and disposing of Non-putrescible Solid Waste and/or Construction and Demolition Debris produced, kept or accumulated in the City subject to and in accordance with the provisions of this Agreement and the BFI-Waste Systems of North America Franchise as follows: On a non-exclusive basis, to service only those commercial establishments or residential customers who elect to use Collector and who can provide written certification, under penalty of perjury, that said establishment or customer uses the following: (a) Commercial temporary Debris Boxes at construction sites for collection of Construction and Demolition Debris from commencement to completion of construction including new construction and/or remodeling, renovating, rehabilitating, or demolition of existing structures and contents (see Section Five of BFI agreement). (b) Residential temporary Debris Boxes that shall not be located thereon for more than thirty (30) days within any sixty (60) day period and shall not be located on a public right-of-way, unless and until the owner or occupant of the Premises secures written consent from the City (see Section Five of BFI agreement). (c) Non-containerized hauling services, including but not limited to landscapers, tree services, and bulky item haulers. (d) Collection of recyclables from commercial premises, so long as (i) the transaction does not result in a payment or other consideration to the hauler of the recyclable materials, and if (ii) the customer subscribes to solid waste service for the balance of its solid waste pursuant to the City and BFI’s agreement and the Milpitas Municipal Code (MMC) V-200. (e) Collection of tallow and restaurant grease. (f) Collection of Yard Trimmings for Recycling from multi-family, mobile home parks, and non-residential sites. (g) Collection of cardboard, mixed paper, scrap metal, polystyrene, clean wood, wood pallets and circuit boards, so long as the customer subscribes to solid waste service for the balance of its solid waste pursuant to the Allied agreement and MMC V-200; the recyclables listed above are separated and stored for collection by material type; the recyclables contain no residual materials; the recyclables are processed for beneficial reuse and are not disposed of in a landfill; and, the recycler maintains required City permits and licenses.

Authority Granted. City hereby grants Collector limited and non-exclusive authority and franchise to engage, as a Collector in the business of collecting, removing, transporting and disposing of Non-putrescible Solid Waste and/or Construction and Demolition Debris produced, kept or accumulated in the City subject to and in accordance with the provisions of this Agreement and the BFI-Waste Systems of North America Exclusive Franchise Agreement as follows: On a non-exclusive basis, to service only those commercial establishments or residential customers who elect to use Collector and who can provide written certification, under penalty of perjury, that said establishment or customer uses the following: (a) Commercial temporary Debris Boxes at construction sites for collection of Construction and Demolition Debris from commencement to completion of construction including new construction and/or remodeling, renovating, rehabilitating, or demolition of existing structures and contents (see Section Five of BFI agreementExclusive Franchise Agreement). (b) Residential temporary Debris Boxes that shall not be located thereon for more than thirty (30) days within any sixty (60) day period and shall not be located on a public right-of-way, unless and until the owner or occupant of the Premises secures written consent from the City (see Section Five of BFI agreementExclusive Franchise Agreement). (c) Non-containerized hauling services, including but not limited to landscapers, tree services, and bulky item haulers. (d) Collection of recyclables from commercial premises, so long as (i) the transaction does not result in a payment or other consideration to the hauler of the recyclable materials, and if (ii) the customer subscribes to solid waste service for the balance of its solid waste pursuant to the City and BFI’s agreement Exclusive Franchise Agreement and the Milpitas Municipal Code (MMC) V-200MMC V- 200. (e) Collection of tallow and restaurant grease. (f) Collection of Yard Trimmings for Recycling from multi-family, mobile home parks, and non-residential sites. (g) Collection of cardboard, mixed paper, scrap metal, polystyrene, clean wood, wood pallets and circuit boards, so long as the customer subscribes to solid waste service for the balance of its solid waste pursuant to the Allied agreement Exclusive Franchise Agreement and MMC V-200; the recyclables listed above are separated and stored for collection by material type; the recyclables contain no residual materials; the recyclables are processed for beneficial reuse and are not disposed of in a landfill; and, the recycler maintains required City permits and licenses.

Authority Granted. City hereby grants Collector limited and non-exclusive authority and franchise to engage, as a Collector in the business of collecting, removing, transporting and disposing of Non-putrescible Solid Waste and/or Construction and Demolition Debris produced, kept or accumulated in the City subject to and in accordance with the provisions of this Agreement and the BFI-Waste Systems of North America Franchise as follows: On a non-exclusive basis, to service only those commercial establishments or residential customers who elect to use Collector and who can provide written certification, under penalty of perjury, that said establishment or customer uses the following: (a) Commercial temporary Debris Boxes at construction sites for collection of Construction and Demolition Debris from commencement to completion of construction including new construction and/or remodeling, renovating, rehabilitating, or demolition of existing structures and contents (see Section Five of BFI agreement). (b) Residential temporary Debris Boxes that shall not be located thereon for more than thirty (30) days within any sixty (60) day period and shall not be located on a public right-of-way, unless and until the owner or occupant of the Premises secures written consent from the City (see Section Five of BFI agreement). (c) Non-containerized hauling services, including but not limited to landscapers, tree services, and bulky item haulers. (d) Collection of recyclables from commercial premises, so long as (i) the transaction does not result in a payment or other consideration to the hauler of the recyclable materials, and if (ii) the customer subscribes to solid waste service for the balance of its solid waste pursuant to the City and BFI’s agreement and the Milpitas Municipal Code (MMC) V-200. (e) Collection of tallow and restaurant grease. (f) Collection of Yard Trimmings for Recycling from multi-family, mobile home parks, and non-non- residential sites. (g) Collection of cardboard, mixed paper, scrap metal, polystyrene, clean wood, wood pallets and circuit boards, so long as the customer subscribes to solid waste service for the balance of its solid waste pursuant to the Allied agreement and MMC V-200; the recyclables listed above are separated and stored for collection by material type; the recyclables contain no residual materials; the recyclables are processed for beneficial reuse and are not disposed of in a landfill; and, the recycler maintains required City permits and licenses.

Authority Granted. City hereby grants Collector limited and non-exclusive authority and franchise to engage, as a Collector in the business of collecting, removing, transporting and ▇▇▇▇▇▇▇’▇ Inc Ag*re1em2ent disposing of Non-putrescible Solid Waste and/or Construction and Demolition Debris produced, kept or accumulated in the City subject to and in accordance with the provisions of this Agreement and the BFI-Waste Systems of North America Franchise as follows: On a non-exclusive basis, to service only those commercial establishments or residential customers who elect to use Collector and who can provide written certification, under penalty of perjury, that said establishment or customer uses the following: (a) Commercial temporary Debris Boxes at construction sites for collection of Construction and Demolition Debris from the commencement to completion of construction including new construction and/or remodeling, renovating, rehabilitating, or demolition of existing structures and contents contents. (see Section Five Found in section 5 of BFI agreement). (b) Residential temporary Debris Boxes that shall not be located thereon for more than thirty (30) days within any sixty (60) day period and shall not be located on a public right-of-way, unless and until the owner or occupant of the Premises secures written consent from the City City. (see Section Five Found in section 5 of BFI agreement). (c) Non-containerized hauling services, including but not limited to landscapers, tree services, and bulky item haulers. (d) Collection of recyclables from commercial premises, so long as (i) the transaction does not result in a payment or other consideration to the hauler of the recyclable materials, materials and if (ii) the customer subscribes to solid waste service for the balance of its solid waste pursuant to the City and BFI’s agreement and the Milpitas Municipal Code (MMC) V-200. (e) Collection of tallow and restaurant grease. (f) Collection of Yard Trimmings for Recycling from multi-family, mobile home parkspark, and non-residential sites. (g) Collection of cardboard, mixed paper, scrap metal, polystyrene, clean wood, wood pallets and circuit boards, boards so long as the customer subscribes to solid waste service for the balance of its solid waste pursuant to the Allied agreement and MMC V-200; the recyclables listed above are separated and stored for collection by material type; the recyclables contain no residual materials; the recyclables are processed for beneficial reuse and are not disposed of in a landfill; and, the recycler maintains required City permits and licenses.

Authority Granted. City hereby grants Collector limited and non-exclusive authority and franchise to engage, as a Collector in the business of collecting, removing, transporting and disposing of Non-putrescible Solid Waste and/or Construction and Demolition Debris produced, kept or accumulated in the City subject to and in accordance with the provisions of this Agreement and the BFI-Waste Systems of North America Allied Franchise as follows: On a non-exclusive basis, to service only those commercial establishments or residential customers who elect to use Collector and who can provide written certification, under penalty of perjury, that said establishment or customer uses the following: (a) Commercial temporary Debris Boxes at construction sites for collection of Construction and Demolition Debris from commencement to completion of construction including new construction and/or remodeling, renovating, rehabilitating, or demolition of existing structures and contents (see Section Five of BFI Allied agreement).; (b) Residential temporary Debris Boxes that shall not be located thereon for more than thirty (30) days within any sixty (60) day period and shall not be located on a public right-of-way, unless and until the owner or occupant of the Premises secures written consent from the City (see Section Five of BFI Allied agreement).; (c) Non-containerized hauling services, including but not limited to landscapers, tree services, and bulky item haulers.; (d) Collection of recyclables from commercial premises, so long as (i) the transaction does not result in a payment or other consideration to the hauler of the recyclable materials, and if (ii) the customer subscribes to solid waste service for the balance of its solid waste pursuant to the City and BFIAllied’s agreement and the Milpitas Municipal Code (MMC) V-200.; (e) Collection of tallow and restaurant grease.; (f) Collection of Yard Trimmings for Recycling from multi-family, mobile home parks, and non-residential sites.; (g) Collection of cardboard, mixed paper, scrap metal, polystyrene, clean wood, wood pallets and circuit boards, so long as the customer subscribes to solid waste service for the balance of its solid waste pursuant to the Allied agreement and MMC V-200; the recyclables listed above are separated and stored for collection by material type; the recyclables contain no residual materials; the recyclables are processed for beneficial reuse and are not disposed of in a landfill; and, the recycler maintains required City permits and licenses.

Authority Granted. Subject to Section 28, City hereby grants Collector a limited and non-exclusive authority and franchise to engage, as a Collector in the business of collecting, removing, transporting and disposing of Non-putrescible Solid Waste and/or Construction and Demolition Debris produced, kept or accumulated in the City subject to and in accordance with the provisions of this Agreement and the BFI-Waste Systems of North America Exclusive Franchise Agreement as follows: On a noncustomer-exclusive requested basis, to service only those commercial establishments or residential customers who elect to use Collector and who can provide written certification, under penalty of perjury, that said establishment or customer uses the following: (a) Commercial temporary Debris Boxes at construction sites for collection of Construction and Demolition Debris from commencement to completion of construction including new construction and/or remodeling, renovating, rehabilitating, or demolition of existing structures and contents (see Section Five of BFI agreementthe Exclusive Franchise Agreement). (b) Residential temporary Debris Boxes that shall not be located thereon for more than thirty (30) days within any sixty (60) day period and shall not be located on a public right-of-way, unless and until the owner or occupant of the Premises secures written consent from the City (see Section Five of BFI agreementthe Exclusive Franchise Agreement). (c) Non-containerized hauling services, including but not limited to landscapers, tree services, and bulky item haulers. (d) Collection of recyclables from commercial premises, so long as (i) the transaction does not result in a payment or other consideration to the hauler of the recyclable materials, and if (ii) the customer subscribes to solid waste service for the balance of its solid waste pursuant to the City and BFI’s agreement Exclusive Franchise Agreement and the Milpitas Municipal Code (MMC) V-200. (e) Collection of tallow and restaurant grease. (f) Collection of Yard Trimmings for Recycling from multi-family, mobile home parks, and non-residential sites. (g) Collection of cardboard, mixed paper, scrap metal, polystyrene, clean wood, wood pallets and circuit boards, so long as the customer subscribes to solid waste service for the balance of its solid waste pursuant to the Allied agreement Exclusive Franchise Agreement and MMC V-200; the recyclables listed above are separated and stored for collection by material type; the recyclables contain no residual materials; the recyclables are processed for beneficial reuse and are not disposed of in a landfill; and, the recycler maintains required City permits and licenses. Collector understands and agrees that City may execute similar agreement with some or all of the other collectors identified in Exhibit A. City shall not execute any similar agreement with any collector not identified in Exhibit A. As such, City and Collector understand and agree that this Agreement is partially exclusive.