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Contractor shall assure that all recyclables collected in the City are <br />not landfilled or incinerated except for process residuals as <br />designated in 4.29 or with written authorization from the City and the <br />Minnesota Pollution Control Agency. <br />7.02 Lack of Adequate Market Demand <br />If the Contractor determines that there is no market for a particular <br />recyclable material or that the market has become economically <br />unfeasible, the Contractor shall immediately give written notice to <br />the City. Said notice shall include information demonstrating the <br />effort the Contractor has made to find market sources, and the <br />financial information justifying the conclusion that the market is <br />economically unfeasible. Upon receipt of said notice, the Contractor <br />and the City shall have 30 days to attempt to find a feasible market. <br />During this period the Contractor shall continue to pick up the <br />particular recyclable material. <br />If the Contractor or the City is not able to find a market within 30 <br />days, the City has the option to: <br /> a) Require the Contractor to continue to collect the particular <br />recyclable material. In such case, the City would pay the <br />Contractor, as additional compensation, the tipping fee at the <br />Newport RDF plant or a mutually agreeable alternative site. <br />The Contractor is required to keep accurate records of said <br />fees and provide the City receipts of payment. <br />b)Notify the Contractor to cease collection of the particular <br />recyclable material until a feasible market is located, either by <br />the Contractor or by the City. The Contractor would then be <br />responsible for the cost of printing and distributing <br />educational materials explaining the market situation to <br />residents. <br />If the City notifies the Contractor to cease collection of a particular <br />recyclable material, the parties shall immediately meet to renegotiate <br />the per unit fee for service. <br />In the event that the parties disagree on the question of whether there <br />is a market for a particular recyclable material or on the economic <br />feasibility of that market, the disagreement shall be submitted to <br />binding arbitration. In this case, each party shall name an arbitrator, <br />and the two shall select a third person to serve as chairperson of the <br />29 <br /> <br />