Common use of Third Occurrence Clause in Contracts

Third Occurrence. For the third or subsequent occurrence within any one 777 continuous 12-month period of contamination for a particular container (i.e., Recyclable Materials or 778 Organic Waste), Contractor must collect the contaminated Container (as Solid Waste) and must charge the 779 Service Recipient a contamination fee as set forth in Exhibit 1. Contractor must continue providing the 780 Recyclable Materials or Organic Waste Collection Services. Contractor must provide (or have provided) 781 digital/photographic documentation to the Service Recipient that clearly documents the Service Recipient’s 782 on-going contamination problems and written Notices of contamination as described above. Contractor may 783 increase the Container size or collection frequency and impose a contamination surcharge on the account 784 for a period of six months or until the Service Recipient has demonstrated no contamination for a period of 785 three consecutive months. Contractor must document contamination issue and surcharge in Waste 786 Reporting System and notify City within five (5) Business Days if Contractor increases the Container size 787 or collection frequency for excessive contamination or imposes the contamination surcharge to the account. 788 City will consult with Contractor and consider, and pursue as applicable, appropriate legal remedies against 789 offending Service Recipients in order to secure discontinuance of the contamination.