First and Second Occurrence Clause Samples
The "First and Second Occurrence" clause defines how certain rights, obligations, or procedures are triggered or applied upon the first and subsequent instances of a specified event. In practice, this clause might distinguish between the initial breach of contract and any repeated breaches, or set different remedies or notice requirements for the first versus the second occurrence of a particular situation. Its core function is to provide clarity and structure in handling repeated events, ensuring that parties understand how their responsibilities or consequences may change after the first instance, thereby reducing ambiguity and potential disputes.
First and Second Occurrence. For the first and second occurrence within any one 764 continuous 12 month period of contamination for a particular container (i.e., Recyclable Materials or Organic 765 Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a 766 Contamination Violation Notice to the contaminated container which contains instructions on the proper 767 procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by 768 phone, U.S. mail, e-mail, or in person (which may be a container tag), that for the third and subsequent 769 incidents of excess contamination, the Service Recipient may be charged a contamination fee for the 770 contaminated container, and Contractor may increase the Collection Container size, or require an additional 771 Collection Container. Contractor’s representative must also contact the Service Recipient by phone, U.S. 772 mail, e-mail, or in person (which may be a container tag) to ensure that they have the appropriate level of 773 service for proper collection of Recyclable Materials and/or Organic Waste. Contractor must also document 774 the contamination issue in the Waste Reporting System provide digital/visual documentation to the Service 775 Recipient that clearly documents the Service Recipient’s on-going contamination problems.
First and Second Occurrence. For the first and second occurrence within any one 587 Calendar Year of Contamination for a particular container (i.e., Organic Waste), Contractor must collect the 588 contaminated container (as Garbage) and must affix a City-approved Contamination Violation Notice that 589 meets the requirements of 14 CCR Section 18995.1(a)(4) to the contaminated container which contains 590 instructions on the proper procedures for sorting Organic Waste and Recyclable Materials. Contractor must 591 also notify the Service Recipient by phone, U.S. mail, e-mail, and in person (which may be a container tag 592 or door hanger), that for the third and subsequent incidents of excess Contamination, the Service Recipient 593 may be charged a Contamination charge for the Collection of the contents of the contaminated Container 594 per Exhibit 3 and Contractor may increase the Container size or require an additional Container. Contractor’s 595 representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person (which may 596 be a container tag) to ensure that they have the appropriate level of service for proper collection of Organic 597 Waste. Contractor must also document all Contamination issues in the Waste Reporting System and provide 598 digital/visual documentation to the Service Recipient that clearly documents the Service Recipient’s on-going 599 Contamination problems.
First and Second Occurrence. For the first and second 693 occurrence (if within 12 months of the last) of Overage for a particular container (i.e., Solid 694 Waste, Recyclable Material or Organic Waste), CONTRACTOR may collect the Overage and, 695 CONTRACTOR shall provide the following written notice (via e-mail, US mail, or in person) to 696 the Service Recipient: (i) the date, description and photograph of the Overage, (ii) that on the 697 third and subsequent incidents of Container Overage, the Service Recipient may be charged a 698 Container Overage fee, and (iii) that on the fifth or subsequent occurrence of Overage, the 699 Container size or Collection frequency may be increased and charged at a higher Service Rate. 700 CONTRACTOR shall contact the City Manager to obtain all necessary Service Recipient 701 contact information for CITY billed accounts.
First and Second Occurrence. For the first and second occurrence within any one Calendar Year of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination Violation Notice to the contaminated container which contains instructions on the proper procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of excess contamination, the Service Recipient may be charged a contamination fee for the contaminated container, and Contractor may increase the Collection Container size, or require an additional Collection Container. Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person (which may be a container tag) to ensure that they have the appropriate level of service for proper collection of Recyclable Materials and/or Organic Waste. Contractor must also document the contamination issue in the Waste Reporting System provide digital/visual documentation to the Service Recipient that clearly documents the Service Recipient’s on-going contamination problems.
First and Second Occurrence. For the first and second occurrence within a twelve (12) month period of contamination for a particular Container, Franchisee may Collect the contaminated Container and shall deliver to the Single-Family Account a contamination violation notice that contains instructions on the proper procedures for sorting of Recyclable Materials, Organic Waste, and Refuse. Franchisee shall provide the contamination violation notice to the Account by phone, U.S. mail, e-mail, text, or other electronic means that for third and subsequent incidents of contamination the Account may be charged a contamination fee for the contaminated Container, and Franchisee may increase the Container size, collection frequency, or require an additional Container.
First and Second Occurrence. For the first and second occurrences within any one Calendar Year of contamination for a particular container (i.e., Recyclable Materials or Organic Waste), Contractor must collect the contaminated container (as Solid Waste) and must affix a Contamination Violation Notice to the contaminated container which contains instructions on the proper procedures for sorting Recyclable Materials or Organic Waste, and must notify the Service Recipient by phone, U.S. mail, e-mail, or in person (which may be a container tag), that for the third and subsequent incidents of contamination, the Service Recipient will be charged a contamination fee for the contaminated container, and Contractor may increase the Container size, require locking Bins, increase collection frequency, and impose a contamination surcharge on the account for a period of six months or until the Service Recipient has demonstrated no contamination for a period of three consecutive months. Contractor’s representative must also contact the Service Recipient by phone, U.S. mail, e-mail, or in person (which may be a container tag) to ensure that they have the appropriate level of service for proper collection of Recyclable Materials and/or Organic Waste. Contractor must also provide digital/visual documentation to the Service Recipient that clearly documents the Service Recipient’s contamination problem and document in the Waste Reporting System.
First and Second Occurrence. For the first and second occurrence (if 603 within 12 months of the last) of contamination for a particular Container (i.e., Recyclable 604 Materials or Organic Waste), CONTRACTOR shall collect the contaminated Container and shall 605 affix a notice to the contaminated Container which contains instructions on the proper 606 procedures for sorting Recyclable Materials or Organic Waste, and shall notify the Service 607 Recipient by phone, in person, US mail or e-mail that for the third and subsequent incidents of 608 excess contamination, the Service Recipient may be charged a contamination fee for the 609 contaminated container, and after the fifth incident of excess contamination, CONTRACTOR 610 may remove the Container. CONTRACTOR shall contact the City Manager to obtain all 611 necessary Service Recipient contact information for CITY billed accounts. CONTRACTOR 612 representative shall also contact the Service Recipient by US mail, e-mail or in person to ensure 613 that they have the appropriate level of service for proper Collection of Solid Waste, Recyclable 614 Materials and/or Organic Waste. CONTRACTOR must also provide photographic 615 documentation to the Service Recipient that clearly documents the Service Recipient’s on-going 616 contamination problems.