11-20-2006 Council Agenda - Laserfiche WebLink

Home Browse Search

of this Contract with the City's prior written approval. The City shall be entitled to require, except as otherwise provided in this Contract, as conditions to any such approval that: 1. Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Contract by Contractor; and 2. The transfer does not create an anti -trust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Little Canada; and 3. Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of service under this Contract and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section, together with other provisions of this Contract, that (to the fullest extent permitted by law and equity and excepting only in the_manner and to the extent specifically provided otherwise in this Contract) no transfer of, or change with respect to, ownership or any part thereof, or any interest therein, however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Contract; and 4. There shall be submitted to the City for review all instruments and other legal documents involved in affecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies, and any and all other documents required by this Contract, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. B. Payment of Subcontractor and Employees. The Contractor agrees to promptly pay all persons doing work or furnishing skills, tools, machinery, or materials or insurance premiums or equipment or supplies and all just claims for such work, material, equipment insurance, and supplies in and above the performance of this Contract. VIII. OTHER PROVISIONS. A. Title. Title to all refuse, yard waste and recyclables collected shall remain vested in the Contractor until all said solid waste is delivered to the authorized processing plant, recycling center, or yard waste site. B. Severability. All parts and provisions of this Contract are severable. If any part or -17- -18-