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