Common use of Third and Subsequent Occurrences Clause in Contracts

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.