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ARTICLE 3. COLLECTION SERVICES 3.1. Exclusive Services Franchisee is herein granted the exclusive right to provide the following collection services: a. Residential Collection Service and Commercial Collection Service in the Solid Waste Franchise Area. b. Residential Recyclables Collection Service in the Recycling Franchise Area. c. C&D collection in containers fifteen cubic yards and greater (>15 CY) in size in the Solid Waste Franchise Area. 3.2. Non -Exclusive Services 3.2.1. Franchisee is herein granted the non-exclusive right to collect C&D with containers less than fifteen cubic yards (<15 CY) in size in the unincorporated areas of the County. 3.2.2. Franchisee shall provide collection of Recyclables from Commercial Properties upon request and as required in Article 8.3 of this Agreement; however, provision of this service is not exclusive to Franchisee. 3.2.3. SWDD reserves the right to exclude the collection of other materials from this Agreement in the future for the purposes of increasing waste diversion. ARTICLE 4. TITLE TO SOLID WASTE AND RECYCLABLE MATERIALS After Solid Waste or residential Recyclables have been placed by the customer/generator to be collected by Franchisee, SWDD shall hold title and ownership to all such materials. Franchisee shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials, except that Franchisee shall have the right and obligation to transport all such materials to the Designated Facility. However, Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that Franchisee collects. ARTICLE 5. TRANSITION OF COLLECTION SERVICES 5.1. Transition Prior to Commencement of Collection Services Franchisee shall participate in transition meetings as scheduled and conducted by the Contract Manager, to plan and manage the transition process so that no service interruption occurs. Franchisee is responsible for providing a smooth transition in services to minimize inconvenience to customers. To accomplish this objective, Franchisee shall submit to the Contract Manager, no later than thirty (30) Days following the Effective Date, a transition plan that provides a detailed description of how Franchisee will plan and prepare for providing Residential Collection Services, Residential Recyclables Collection Services, and Commercial Collection Services leading up to the Commencement Date. The transition plan must meet the approval of the Contract Manager. At a minimum, Franchisee must address the following specific performance requirements in the transition plan and accomplish them according to deadlines specified in the plan: • Coordination of meetings with the outgoing franchisee and SWDD, if necessary. • Schedule of transition meetings with SWDD staff leading up to the Commencement Date. • Schedule for and obtaining any additional necessary labor, vehicles, equipment, and containers. • Schedule for removal and replacement of containers utilized by outgoing franchisee for Commercial Collection Service. • Schedule for providing a vehicle and equipment list and route summary to the Contract Manager and ensuring that all vehicles are street legal (registered, insured, licensed, and tagged) prior to the Commencement Date. • Schedule for delivering SWDD-provided information brochure to all customers (existing & new) prior to the Commencement Date. Page 8