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2.10.2 Prior to the start and implementation of Services under the Contract and delivery to any <br /> RDU,all Carts must be washed,clean of all debris,and not have odor,otherwise they <br /> may be determined by the City to be a nuisance. <br /> 2.10.3 All Carts shall be guaranteed by Hauler to be in sound,working order at the time of <br /> delivery to the RDU. <br /> 2.10.4 The Implementation Plan and Cart Deployment Plan are incorporated as part of this <br /> Contract as Exhibit B and Exhibit C,respectively.Hauler will document Cart delivery <br /> through a method that has been approved by the City. <br /> 2.10.5 All Carts (including Trash, Recyclables, and Yard Waste Carts) shall be readily <br /> distinguishable from each other.This includes having a lid of a different color,a Cart <br /> of a different color,or a distinct labeling system.Carts for RDUs electing every other <br /> week Trash service shall be easily distinguished from"small"Carts for RDUs electing <br /> weekly Trash service. <br /> 2.10.6 Hauler is responsible for regular Cart maintenance.Hauler will not invoice or receive <br /> payment from the City for the costs associated with ongoing Cart maintenance or <br /> reasonable wear and tear,which shall include but is not limited to: <br /> a. Cracks due to normal handling or weather conditions; <br /> b. Part malfunctions;and <br /> c. Squirrel and rodent damage. <br /> 2.10.7 Damage beyond normal wear and tear shall be the responsibility of the RDU, which <br /> shall include but is not limited to: <br /> a. Abuse or misuse(e.g.,fires,ashes); <br /> b. Total destruction of Cart(e.g.,hit by car); <br /> c. Stolen or lost Cart;and <br /> d. Graffiti. <br /> 2.10.8 When the RDU is responsible for the damage,Hauler shall submit documentation of <br /> such damage to the City and,upon approval of the City,Hauler will invoice and receive <br /> payment from the RDU for the amount specified in Exhibit A for Cart Replacement. <br /> 2.10.9 Hauler shall have no liability and it shall not be a breach of this Contract if Hauler fails <br /> to provide Residential Collection Services because of an RDUs failure to properly set <br /> out any Cart,overloading of a cart by weight or volume, or depositing Unacceptable <br /> Materials in a Cart.Hauler shall notify an RDU for a denied Collection on such basis <br /> by placing an Educational Tag on the Cart. <br /> A-18 <br /> MU210\313\963095.v4 <br />