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14. Failure to maintain recycling carts in proper working order as speced in the cart management plan - $100 each incident Prior to commencement of this Agreement, the Contractor shall furnish the City with Certificates of Insurance for comprehensive general liability, automobile liability and x property damage insurance. Certificates of Insurance shall name the City as an additional insured. Any losses to person or property connected with the collection of recyclable materials through this project shall be the responsibility of the Contractor. Nothing herein shall be deemed to constitute a waiver by the City of any limits on liability it enjoys under common law or under Minnesota Statutes, Chapter 466. The Contractor hereby agrees to indemnify and hold harmless the City and its employees, officers, and agents from and against all claims, damages, losses or expenses, including attorneys' fees and other costs of defense, for which it may be held liable, arising out of or resulting from the assertion against the City of any claims, debts, or obligations in consequence of the performance of this Agreement by the Contractor, its employees, agents or subcontractors. 9 TERM AND TERMINATION 9.1 Term — The term of this agreement shall be from October 1, 2014 through December 31, 2018. 9.2 Extension — The City reserves the right to amend the Agreement to allow for its extension. This action must be approved by the City Council. 9.3 Termination — If in the Citys sole discretion, the Contractor or subcontractor fails to perfon'n this Agreement diligently and on schedule or fails to reach mutual agreement where the terms of this Agreement so speci�y, the City shall have the right to ten-ninate this Agreement. Prior to termination, the City shall give thirty (30) days written notice identifying the basis of the intent to terminate. After the notice of intent to terminate has been served, both parties will attempt to reconcile their dfferences during the 30 -day notice period. If after the 30 day notice period the basis of the intent to terminate has not been cured to the satisfaction of the City, either party may conclusively terminate this Agreement upon five (5) business days written notice serviced by certified mail, return receipt requested upon the •other party, at the partys last known address. 4.4 Upon failure of the Contractor to fulfill any of its obligations under the Agreement, the City may hire such persons, or assign City employees and equipment, as are necessary to cure or mitigate Contractors failure; the costs of such action may becharged and deducted from monies due the Contractor, collected from the Contractor, or collected by other legal recourse. 9.5 Contractor may terminate this Agreement for cause upon sixty (60) days written notice. PAGE 12 OF 13