R2004-142 AUTHORIZING AGREEMENT - Laserfiche WebLink

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13.13 Contractor shall com letel inform themselves of all the conditions under which I�' P Y service is to be performed, the service area, and all other relevant matters pertaining to ' the service required to be provided, such as types of housing,population density, roads, traffic patterns, collection procedures required, labor required, and all other factors which would affect the execution and completion of work covered by this agreement. 13.14 For ten (10) consecutive days following the commencement of this agreement, the Contractor shall acce t without additional remuneration rec clables set out for P , Y collection according to the prior Solid Waste Collection arrangements. Contractor shall provide specific information for the customer about changes to the program if the items are not set out in accordance with this agreement provisions. 13.15 The failure of the City at any time to require performance by the Contractor of any specifications in this agreement shall in no way affect the right of the City hereafter to enforce the same. Nor shall waiver by the City of any breach of specifications in this agreement be taken or held to be a waiver of any succeeding breach of such specifications in this agreement,nor be taken or held to be a waiver of any specification itself. 13.16 Contractor shall be required to file proof with the City that it has a"no strike" provision for the duration of all collective bargaining agreements with its workers before the final agreement and contract is signed. Upon execution of any new agreement or contract, Contractor shall forward to the City within(10) days thereafter,proof that said agreement or contract contains a"no strike" clause. Should,nevertheless, a strike occur which lasts more than seven(7)calendar days, the City shall be permitted to institute such procedures to collect and dispose of the waste to be collected pursuant to this agreement as it deems necessary. 13.17 If Contractor at any time during the term of the agreement become insolvent, or if proceedings in bankruptcy shall be instituted by Contractor or if proceedings in bankruptcy shall be instituted against the Contractor, or if Contractor shall be adjudged ba.nkrupt or a receiver of any property of the Contractor shall be appointed in any suit or proceeding brought by or against the Contractor, or if the Contractor shall make an assignment for the benefit of creditors, then in each and every case, this agreement and the rights and privileges granted hereby may, at the option of the City, immediately cease, determine and be forfeited and canceled. The Contractor warrants to list the City as a creditor in any bankruptcy filing. 13.18 In the event that litigation should be filed against the City which contest the right of the City to award the limited exclusive recycling collection status granted herein, the Contractor shall pay all legal fees and other costs incurred by the City in defending the terms of this agreement and contract. If a trial court should hold that the granting of this limited exclusive right was improper, either party may elect to terminate this agreement and contract upon at least sixty(60) days prior written notice. Provided, however, that the termination of the agreement shall not end the obligation of the Contractor to pay legal fees and costs of the City so long as such litigation is continued by any party. 17