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Page 12 7.17.Protecting Utilities The Contractor shall protect all public and private utilities whether occupying streets, alleys, or public or private property. If such utilities are damaged by reason of Contractor’s operations, under the executed Contract, the Contractor shall repair or replace the same at no cost to the City. If the Contractor fails to do so promptly, the City will repair or replace the damanged utilities, and bill the Contractor for the full cost. 7.18.Damage to Property The Contractor shall take all necessary precautions to protect public and private property. The Contractor shall repair or replace any private or public property damaged by Contractor in the course of performing its duties under this Contract, including but not limited to: structures, driveways, landscaping, retaining walls, fences, mailboxes, and Collection Carts. Such property damage shall be addressed for repair or replacement, at no charge to the City or property owner, within 48 hours. If the Contractor fails to address the repair or replacement of the damaged property within 48 hours, the City may, but shall not be obligated to, repair or replace such damaged property, and Contractor shall fully reimburse the City for any of its reasonably incurred expenses. The Contractor shall reimburse the City for any such expenses within 10 days of receipt of the City’s invoice. The Contractor is to notify the City of any trees, limbs or shrubs that are low hanging or encroaching the driving area and may hinder their operations. The Contractor shall be responsible for damage to any trees, limbs, and shrubs not reported to the City. 7.19.Street Improvements This Contract is subject to the rights of the State of Minnesota, Hennepin and Ramsey County or the City to improve their highways and streets. The Contractor accepts the risk that such improvements may prevent the Contractor from traveling its accustomed route or routes for the purpose of collecting materials. Contractor agrees not to make any claim for compensation against the City for such interference. The City will, whenever possible, provide advanced information and instructions about how the Contractor may best provide services in an improvement area. 7.20.Cart Ownership and Management The Contractor shall be responsible and pay for all aspects of Cart ownership, management, and operations, including but not limited to transportation from the manufacturer, ordering, receiving, assembly, distribution, excess Cart inventory, spare parts inventory, warranty maintenance, and other repairs up to normal wear and tear. Damage beyond normal wear and tear is the responsibility of the Residential customer. This includes, but is not limited to: Abuse or misuse (e.g., fire, ashes); Total destruction of Cart (e.g., hit by car); Stolen or lost Cart; and Graffiti. 7.20.1.Refuse Cart Details Each Household shall receive one small, medium, or large Refuse cart. A second Refuse cart may be obtained at a reduced cost. Color and labeling of the Refuse Carts must distinguish them from the Recycling Carts and Yard 127