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Construction and Demolition or C&D shall mean discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of Construction and Demolition with other types of Solid Waste will cause it to be classified as other than Construction and Demolition. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) Unpainted, non -treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non -treated wood pallets provided the wood scraps and pallets are separated from other Solid Waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other Solid Waste; and (c) De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. Contract Manager shall mean the person designated by SWDD to act as SWDD's representative during the term of this Agreement. County shall mean Indian River County, Florida. Day shall mean calendar day unless otherwise noted in the Agreement. Designated Facility shall mean the facility designated by SWDD for delivery of Solid Waste, Program Recyclables, Yard Trash, or Bulk Trash collected according to this Agreement and identified in Article 10.1. Effective Date shall mean the date this Agreement has been executed by both SWDD and Franchisee, whichever is later. Franchise Agreement or Agreement shall mean this Franchise Agreement between SWDD and Franchisee, together with all exhibits and other documents that are expressly incorporated by reference. Holidays shall mean Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's Day. Hazardous Waste shall mean any Solid Waste regulated as a hazardous waste by the Florida Department of Environmental Protection or the U.S. Environmental Protection Agency pursuant to Applicable Law. Multiple Dwelling Unit or Multi -Family Unit shall mean any building containing five (5) or more permanent residential living units. Program Recyclables refers to Recyclables included in SWDD's Residential and Multi -Family recycling program as defined in Exhibit 3. Program Recyclables include incidental amounts of rejects and non -designated materials as can normally be expected as part of municipal recycling collection. The types of Recyclables included in SWDD's recycling program may be amended by the Contract Manager. Recyclable Materials or Recyclables shall mean those materials that are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. Recycling Franchise Area shall mean the specified area within the County, as defined in Exhibit 2, for which Franchisee is granted the right to collect residential Recyclables. Residential Collection Service shall mean curbside collection of Solid Waste, including Bulk Trash and Yard Trash, from individual Residential or Multi -Family Units, and delivery of collected materials to the Designated Facility. Residential Customers shall mean any person receiving Residential Collection Service. Residential Recyclables Collection Service shall mean the collection of Program Recyclables from Residential and Multi -Family Units and delivery to the Designated Facility. Page 6