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12-21-2011 Council Agenda
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12-21-2011 Council Agenda
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IX. NOTICES. Except as otherwise herein, provided, all notices required to be served by either <br />party on the other shall be in writing and forwarded by certified mail to the principal office <br />of the party to which notice is given, as follows: <br />To the City of Little Canada: <br />City of Little Canada <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />To the Contractor: <br />Allied Waste Services of North America <br />4325 E. 66th Street <br />Inver Grove Heights, MN 55076 <br />Waste Management of MN, Inc. <br />10050 Naples St. NE <br />Blaine, MN 55449 <br />Gene's Disposal <br />5661- 152nd Street North <br />Hugo, MN. 55038 <br />All such notices shall be effective when received. <br />X. TERMINATION. <br />A. The City shall have the right to terminate this Contract if in the City's reasonable <br />judgment there has been a breach of any material provision thereof by the <br />Contractor, or if in the City's reasonable judgment there is other good cause for <br />termination. Continuing breach or good cause shall not be deemed waived <br />because it was followed by prompted termination. <br />B. Upon failure of the 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 <br />employees and equipment, as may be necessary to do such work, and the cost of <br />such expenses thereof may be charged and deducted from any monies due the <br />Contractor, collected from the Contractor, of collected by recourse to the <br />Contractors financial guaranty. <br />C. Notwithstanding the foregoing paragraphs, the Contractor shall not be in breach <br />and the City will have no right to terminate the agreement unless Contractor <br />fails to cure said breach or failure to perform within thirty (30) days of receipt <br />by the Contractor of written notice from the City. The breach or failure must be <br />-20- <br />
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