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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 Aagreement by the Contractor, its employees, agents or subcontractors. 9.1 Term — ti 1 i MT� M-41 W1 0% Or) I A kit n Q -!I rl nA +r% 1,1;nr *,Zr) n-OP-n5Z 101 n-1 'Z he teny, ofthis aareement shall be from September 30'.. 2014 throuah December ^41, 2018. nv%A I'^n+r0g4r�r r,=S 7,49.2 Extension — The City ILX" tvi IM 0,.w, a e erves the right to amend the Agreement to allow for extension. This action must be approved by the City Council. 7-.29.3 Ten-nination — If in the City's sole discretion, the Contractor or subcontractor fails to perfon-n this 6agreement diligently and on schedule or fails to reach mutual agreement where the terms of this 6agreement so speci�y, the City shall have the right to ten-ninate this Alagreement. Prior to ten-nination, 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 Aagreement upon five (5) business days written notice serviced by certified mail, return receipt requested upon the other party, at the partys last known address. 7,39.4 Upon failure of the Contractor to fulfill any of its obligations under the Aagreement, the City may hi such persons, or assign City employees and equipment, as are necessary to cure or mitigate Contractors failure; the costs of such action may be charged and deducted from monies due the Contractor, collected from the Contractor, or collected by other legal recourse. -lit TV0 WA WM=10---o-, &--KTM,� -9.410.1 This Aagreement is assignable only by agreement of the parties. If the Contractors business is sold in whole or in part, the City reserves the right to negotiate a new agreement with any purchasers of the Contractors business or its assets. The City reserves the right to declare this Aagreement null and void within thirty (30) days of such a sale and to negotiate a new agreement for recycling collection services with the new owner G,,,-,F1L,he 1"^n+rqt4^r llk-.Wili! I if U �.ANWL%.o I assetsor through a competitive bidding process. Tim Brownell, CE* 171147W 17 1' "t M PAGE 14 OF 14