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charge to the owner,within forty-eight(48)hours with a utility or property of better or <br /> equivalent value at the time of the damage.If repairs or replacement cannot reasonably <br /> be made within forty-eight(48)hours,Hauler will make arrangements with the utility <br /> or property owner within forty-eight(48)hours as to when such repair will be made.If <br /> a Hauler fails to repair or replace a damaged utility or property under this Section,the <br /> City may, but shall not be obligated to, repair or replace such damaged utility or <br /> property.The City shall then invoice Hauler for its repair and replacement charges or <br /> employ an alternative method of requiring payment such as, but not limited to, <br /> deducting the amount from the next assessment roll for delinquent charges. <br /> 2.11.7 The work to be performed under this Contract does not include any increased volume <br /> of solid waste or similar material resulting from a tornado,flood,ice storm,snowstorm, <br /> natural disaster,act of God,or other Force Majeure event.The City shall have the right <br /> to utilize other contractors for such services without additional obligation to Hauler. <br /> 2.11.8 Hauler will not be required to, or suffer penalty for failure to, perform a scheduled <br /> collection when Hauler is actually prevented from doing so as the result of a Force <br /> Majeure event. <br /> In such circumstances,Hauler shall notify the City via email as soon as possible but no <br /> later than the end of the service day of Hauler's inability to provide scheduled collection <br /> and the estimated time to reestablish regular routes and schedules for the Services <br /> ("Recovery Plan")as soon after the event as possible.Hauler shall make every effort <br /> to respond to conditions described under this Section in a consistent manner. Hauler <br /> shall be required to follow the recovery plans submitted to the City, unless another <br /> condition described under this Section creates additional delay,in which case Hauler <br /> shall submit a revised recovery plan. <br /> Hauler shall communicate by the end of the service day of the reason for non-collection <br /> to the RDU(whether by education tag, email, or telephone unless such methods are <br /> impractical in which case notification by website or otherwise is acceptable). Hauler <br /> shall,to the best of their abilities,communicate their recovery plans to the RDUs they <br /> service.The City will also share this information via social media and potential other <br /> methods.If a Hauler fails to submit a recovery plan,it is subject to liquidated damages <br /> per Section 13. <br /> 2.12 Collection Equipment and Other Assets <br /> 2.12.1 When collecting residential Trash, Hauler shall use Collection Vehicles. The <br /> Collection Vehicle shall then transport the Trash to the Trash Disposal Facility. <br /> 2.12.2 All Collection Vehicles shall not leak excessive amounts of liquids from any Trash, <br /> Recyclables,Organics,or Yard Waste. <br /> 2.12.3 The number of Collection Vehicles furnished by Hauler shall be sufficient for the <br /> collection of all Trash,Recyclables,Yard Waste,Organics,and Bulky Wastes. <br /> 2.12.4 All collection equipment shall be kept in a clean and sanitary condition in order to <br /> A-20 <br /> MU210\313\963095.v4 <br />