Common use of Delinquent Accounts Clause in Contracts

Delinquent Accounts. 9 Franchisee may discontinue service for non-payment of customer's billing or customer's failure to 10 substantially comply with the requirements of this Agreement. After the Franchisee has given fifteen (15) 11 days' notice to customer for non-compliance, Franchisee shall notify the Director in writing of any service 12 termination including a written copy of the notice to the customer. Upon payment of the delinquent fees, 13 if applicable, Franchisee shall resume Collection on the next regularly scheduled Collection day. Any 14 Franchisee operating in a comprehensive collection area shall be subject to all applicable provisions in the 15 comprehensive collection ordinance. 00 X. Xxxxxxx. 00 Franchisee shall refund to each customer, on a pro rata basis, any advance service payments made by 20 such customer for service not provided when service is discontinued by written notification to Franchisee 21 by the customer. 23 SECTION 15. FRANCHISE FEES 25 A Franchise Fee of eight (8) percent of the Franchisee's Gross Receipts, less landfill fees or Transfer 26 Station Tipping Fees, shall be payable by Franchisee to the Department thirty (30) days after the close of 27 each quarter of each year this Agreement remains in effect. The Franchise Fee shall not be required to be 28 paid for revenues generated by the collection or sale of Recyclable Materials and Organic Waste collected 29 by the Franchisee, or for the provision of construction roll off services. A penalty of ten (10) percent 30 shall be due for fees not submitted within the thirty (30) day time period. 32 County may, at its sole discretion, adjust the Franchise Fee at any time after giving Franchisee one 33 hundred twenty (120) days notice. Such adjustment shall be cause for a corresponding rate adjustment in 34 accordance with Exhibit F. 36 SECTION 16. OTHER REQUIREMENTS 37 38 A. Privacy 39 40 Franchisee shall strictly observe and protect the rights of privacy of customers. Information 41 identifying individual customers or the composition or contents of a customer's waste stream shall not be 42 revealed to any Person, governmental unit, private agency, or company, unless upon the authority of a 43 court of law, by statute, or upon valid authorization of the customer. This provision shall not be 44 construed to preclude Franchisee from preparing, participating in, or assisting in the preparation of waste 1 characterization studies or waste stream analyses which may be required by the IWMA, and/or County. 2 In addition, Franchisee shall not market, sell, convey, or donate to any Person any list with the name or 3 address of customers except that Franchisee may provide such lists to authorized employees and 4 authorized representatives of the County as necessary to comply with this Agreement. The rights 5 accorded customers pursuant to this Section shall be in addition to any other privacy right accorded 6 customers pursuant to Federal or State Law. 8 B. Public Access to the Franchisee

Delinquent Accounts. 9 16 Franchisee may discontinue service for non-payment of customer's billing or customer's failure to 10 17 substantially comply with the requirements of this Agreement. After the Franchisee has given fifteen (15) 11 18 days' notice to customer for non-compliance, Franchisee shall notify the Director in writing of any service 12 19 termination including a written copy of the notice to the customer. Upon payment of the delinquent fees, 13 20 if applicable, Franchisee shall resume Collection on the next regularly scheduled Collection day. Any 14 21 Franchisee operating in a comprehensive collection area shall be subject to all applicable provisions in the 15 22 comprehensive collection ordinance. 00 X. Xxxxxxx24 H. Refunds. 00 26 Franchisee shall refund to each customer, on a pro rata basis, any advance service payments made by 20 27 such customer for service not provided when service is discontinued by written notification to Franchisee 21 28 by the customer. 23 30 SECTION 15. FRANCHISE FEES 25 32 A Franchise Fee of eight (8) percent of the Franchisee's Gross Receipts, less transportation fees as 33 described in the Schedule of Approved Rates (in Exhibit E) and landfill fees or Transfer 26 Station Tipping 34 Fees, shall be payable by Franchisee to the Department thirty (30) days after the close of 27 each quarter of 35 each year this Agreement remains in effect. The Franchise Fee shall not be required to be 28 paid for 36 revenues generated by Residential Parcel Charges for waste collection as established by Ordinance No 37 769, the collection or sale of Recyclable Materials and Organic Waste collected 29 by the Franchisee, or for 38 the provision of construction roll off services. A penalty of ten (10) percent 30 shall be due for fees not 39 submitted within the thirty (30) day time period. 32 40 41 County may, at its sole discretion, adjust the Franchise Fee at any time after giving Franchisee one 33 42 hundred twenty (120) days notice. Such adjustment shall be cause for a corresponding rate adjustment in 34 43 accordance with Exhibit F. 36 44 1 SECTION 16. OTHER REQUIREMENTS 37 38 3 A. Privacy 39 40 5 Franchisee shall strictly observe and protect the rights of privacy of customers. Information 41 6 identifying individual customers or the composition or contents of a customer's waste stream shall not be 42 7 revealed to any Person, governmental unit, private agency, or company, unless upon the authority of a 43 8 court of law, by statute, or upon valid authorization of the customer. This provision shall not be 44 construed to preclude Franchisee from preparing, participating in, or assisting in the preparation of waste 1 10 characterization studies or waste stream analyses which may be required by the IWMA, and/or County. 2 11 In addition, Franchisee shall not market, sell, convey, or donate to any Person any list with the name or 3 12 address of customers except that Franchisee may provide such lists to authorized employees and 4 13 authorized representatives of the County as necessary to comply with this Agreement. The rights 5 14 accorded customers pursuant to this Section shall be in addition to any other privacy right accorded 6 15 customers pursuant to Federal or State Law. 8 17 B. Public Access to the Franchisee