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<br />. <br /> <br />. <br /> <br />. <br /> <br />The term ofthis Agreement shall be a period offive (5) years commencing November 1, <br />1999. <br /> <br />The City and the Contractor may agree to extend the term of this beyond the original term <br />- upon such terms and conditions, and for such length of time, as the parties shall mutually <br />agree in writing. <br /> <br />III. DEFINITIONS <br /> <br />For purposes of this Agreement, the following terms shall have the following meanings: <br /> <br />"Additional collection service" shall include all items that are collected in excess of the <br />maximum volume allowed for a dwelling unit. <br /> <br />"Cart" means a 90-gallon, 60-gallon or 32-gallon receptacle with wheels supplied by the <br />Contractor used to contain garbage or refuse. <br /> <br />"Collection service" means a private operation engaged in collection and transportation of <br />refuse, yard waste and recyclables. <br /> <br />"Day-Certain collection" day-certain collection is a City-approved plan for weekly <br />collection services by an established day-certain schedule. This schedule requires refuse <br />and recyclable collection on the same day of each week and is based on a five (5) day, <br />Monday through Friday, working week. The only exceptions to the "day-certain" plan <br />shall be during those weeks in which legal holidays occur. <br /> <br />"Designated Area" is that area within the City of Elk River identified on Attachment A <br />as: "Corrow" for which the Contractor is responsible for collections within the scope of <br />this Agreement. In consideration of the exclusive collection rights for the area set forth in <br />Attachment A, subject to the terms of this Agreement, Contractor acknowledges it is <br />prohibited from the collection of garbage, refuse and recyclables from residential <br />properties having four or less dwelling units in a single building outside the "Designated <br />Area" within the corporate limits of the City. <br /> <br />"Dwelling Unit" means a separate dwelling place with a kitchen or area for the <br />preparation of food. <br /> <br />"ERRRF" means The Elk River Resource Recovery Facility. <br /> <br />"Facility" means the ERRRF, Elk River Landfill, or any other solid waste disposal <br />facility approved by the MPCA. <br /> <br />"Garbage" means animal and vegetable waste resulting from the handling, preparation, <br />cooking, service, and consumption of food. <br /> <br />-2- <br />