R94-118 AUTHORIZING AGREEMENT - WASTE RECYCLING, INC.

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� ♦ � � i • '. ' � � ' ., �� , t . � 13.3. The City shall be entitled to collect from Contractor all costs and expenses incurred by the City in seeking or exercising the remedies provided to the City pursuant to this Section XIII and in collecting any monies due the City from Contractor under this agreement, including reasonable private attorney's fees, together with interest thereon at the rate of 9%per annum. 13.4. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given to the City under this agreement whether now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it it shall not be necessary to give notice other than such notice as may be required in this Section XIII. 13.5. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by the other party, such waiver shall be limited to the particular party so waiving and the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. No waiver by any party shall be effective unless in writing and signed by the waiving party. 13.6. The foregoing notwithstanding, it is further agreed that if Contractor defaults in its obligations under Section III hereof to collect recyclable materials and such default is not cured or remedied on the day required under Section IV hereof, then, without any notice to Contractor, the City may exercise its remedies under Subsection 13.2 (g) hereof and collect the cost thereof from Contractor as provided in Subsection 13.3 and 11.4 hereof.