R2001-109A AUTHORIZING AMENDED AGREEMENT

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with IEPA rules and regulations, SUBURBAN shall make available to the CITY such mulch or compost as it desires, at no cost to the CITY. 5.10 SUBURBAN shall notify the CITY immediately of any accidents involving personal injury arising out of SUBURBAN'S duties and responsibilities hereunder, and shall provide the CITY with all reports of same generated by SUBURBAN. 6.4 To secure its obligations under this agreement, SUBURBAN shall provide the CITY with a letter of credit, with a bank, and in a form, acceptable to the CITY'S Corporation Counsel, in the amount of One Hundred Thousand Dollars ($100,000.00). The letter of credit shall be so conditioned that the CITY shall be able to draw upon it in the event SUBURBAN is in breach of this agreement and fails to cure said breach within the time limits provided herein, by presentation to said bank of a written certification from the City Manager or an Assistant City Manager attesting to said breach. "Breach", for the purposes hereof, shall mean substantial noncompliance with the express terms or provisions of this agreement. 7.1 If SUBURBAN fails to observe the leaf vacuuming requirements or leaf vacuuming schedule of service for more than two (2) consecutive days, the CITY may serve notice on SUBURBAN that it is in breach hereof. If any such breach is not cured or remedied by SUBURBAN within two (2) working days after notice thereof, as provided herein, the CITY may exercise any remedies provided by law or this agreement for breach of contract, including but not limited to access to the letter of credit provided for in Section 6.4 If such notice of breach is served by means of fax (sent to 672-8486) prior to 9:00 A.M. on any working day, followed by personal service on a SUBURBAN employee at SUBURBAN'S office, located at 390 West North, Route 121, Warrrensburg, Illinois 62573, prior to 10:00 A.M. on the same day, then said two (2) working days to cure such breach include the date of service of such fax and such personal service - otherwise, said two (2) days begin on the first working day following service of notice of breach in the manner provided in Section 9.6. 7.4 SUBURBAN shall be entitled to collect from the CITY all costs and expenses incurred by SUBURBAN in seeking or exercising any remedies for the breach hereof, or filing suit to collect all or any part of the sums due SUBURBAN herein, including but not limited to reasonable attorneys fees and hereby expressly reserves the right to exercise any right or seek any remedy for breach provided by law. 7.5 In the event any provision contained in this agreement is breached by any party and thereafter waived by the other party, such waiver shall be limited to I the particular party so waiving and the particular breach so waived, and shall not I be deemed to waive any other concurrent, previous or subsequent breach ,,