Fifth and Subsequent Occurrence Clause Samples

Fifth and Subsequent Occurrence. For the fifth or subsequent occurrence 626 (if within 12 months of the last) of contamination for a particular Container (i.e., Recyclable 627 Materials or Organic Waste), CONTRACTOR may collect the contaminated Container and may 628 charge the Service Recipient a contamination fee as set forth in Exhibit 1. CONTRACTOR may 629 also, after notifying Service Recipient, remove the Recyclable Materials or Organic Waste 630 Container, as applicable, and discontinue providing the Recyclable Materials or Organic Waste 631 Collection Services for a period not to exceed one (1) year. Prior to the removing any such 632 containers or discontinuing Recyclable Materials or Organic Waste Service, CONTRACTOR 633 must provide (or have provided) digital documentation to the Service Recipient that clearly 634 documents the Service Recipient’s on-going contamination problems and written notices of 635 contamination as described above. CONTRACTOR shall notify CITY within five (5) Work Days 636 of removal of Recyclable Materials or Organic Waste Containers for excessive contamination. 637 3.13.4 Tracking Occurrences of Contamination. Regarding Sections 3.13.1 – 638 3.13.3, after twelve (12) months have passed from the last applicable contamination 639 occurrence, the next contamination occurrence shall be deemed a first contamination 640 occurrence.