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02-22-2017 Council Packet
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02-22-2017 Council Packet
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<br />X. TERMINATION. <br /> <br />A. The City shall have the right to terminate this Contract, as pertaining to each individual hauler, if in <br />the City's reasonable judgment there has been a breach of any material provision thereof by the <br />haulerContractor(“Breaching Hauler”), or if in the City's reasonable judgment there is other good <br />cause for termination. Continuing breach or good cause shall not be deemed waived because it was <br />followed by prompted termination. <br /> <br />B. Upon failure of the Breaching Hauler Contractor to fulfill any of the provisions of this contract, the <br />City shall be authorized to hire such personnel and equipment, or assign City employees and <br />equipment, as may be necessary to do such work, and the cost of such expenses thereof may be <br />charged and deducted from any monies due the the Breaching ContractorHauler, collected from the <br />Breaching Contractor Hauler, for collected by recourse to the Breaching Contractors Hau ler’ s <br />financial guaranty. <br /> <br />C. Notwithstanding the foregoing paragraphs, the no Contractor hauler shall will not be considered in <br />breach and the City will have no right to terminate the agreementContract unless Contractor the <br />hauler fails to cure said breach or failure to perform within thirty (30) days of receipt by the <br />Contractor hauler of written notice from the City. The breach or failure must be cured to the <br />satisfaction of the City Administrator. <br /> <br />D. The City shall also have the right to terminate the contract at any time, subject to ninety (90) days <br />written notice to the Contractor, should Ramsey County undertake an organized collection program <br />and if the City determines at its sole discretion, it would be in the City’s best interest to utilize said <br />County programs. <br /> <br />E. Any individual Contractor shall have the right to suspend or terminate this Contract, if the City is <br />in material breach and has failed to cure such breach within 30 days of receipt by the City of written <br />notice of the breach. <br /> <br />XI. ENTIRE AGREEMENT. This Contract with Attachments “A”, “B”, and “C” incorporated herein by <br />reference is the entire agreement between the parties. No modification of this Contract shall be valid or <br />effective, unless made in writing and signed by the parties hereto: <br /> <br /> <br />IN WITNESS WHEREOF, the parties hereto have set their hands on the day of <br />___________20167. <br /> <br /> <br />CITY OF LITTLE CANADA <br /> <br />By______________________________ <br />John Keis, Mayor <br /> <br /> <br /> <br />By______________________________ <br />Joel R. Hanson, City Administrator <br /> <br /> <br /> <br />
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