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7.4 In the event any provision contained in this agreement is breached by any party and <br /> thereafter waived by the other party, such waiver shall be limited to the particulaz party so <br /> waiving and the particular breach so waived, and shall not be deemed to waive any other <br /> concurrent, previous or subsequent breach hereunder. No waiver by any party sha11 be effective <br /> unless in writing and signed by the waiving party. <br /> VIII TERMINATION <br /> 8.1 The CTI'Y shall have the right to terminate this agreement, at its discretion, prior to <br /> the start of any collection period, provided that written notice is given not less than ninety (90) �, <br /> days prior to the start of said period. If the CTTY elects to terminate this agreement under this 'I <br /> provision, the CITY shall pay SUBURBAN a tennination fee according to the following � <br /> schedule: <br /> PRIOR TO OCTOBER 15,2001 - $100,000.00 <br /> PRIOR TO OCTOBER 15, 2002 - $75,000.00 <br /> PRIOR TO OCTOBER 15, 2003 - $50,000.00 <br /> PRIOR TO OCTOBER 15, 2004 - $25,000.00 <br /> IX MISCELLANEOUS <br /> 9.1 During the term hereof, SUBURBAN shall comply with all applicable federal and <br /> state equal opportunity and civil rights laws, including but not limited to the Illinois Human <br /> Rights Law. SUBURBAN shall also comply with the provisions of Exhibit A attached hereto. <br /> 9-2 SUBURBAN shall not assign this agreement, or any part thereof, or subcontract any <br /> duty or obligation hereunder,without the written consent of the CITY: <br /> 9-3 For all purposes of this agreement, SUBURBAN is an independent contractor and is <br /> not an employee of the CIT'Y. <br /> 9-4 SUBURBAN shall file with the CITY documentation that it has "no strike" <br /> provisions in all collective bazgaining agreements in effect during the term of this agreement. <br /> Such documentation shall be provided before the start of leaf vacuuming senrice. <br /> 9-5 If any section, subsection, term or provision of this agreement, or the application <br /> thereof to any patty or circumstance, shall, to any extent, be invalid or unenforceable, the <br /> , remainder of such section, subsection, term or provision of this agreement, or the application of <br /> same to parties or circumstances other than those to which it is held invalid or unenforceable, <br /> shall not be affected thereby. <br /> 7 <br />