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<br />transition to a new entity to perform recycling of Soft Recyclables. In the event
<br />Contractor terminates this Agreement because of CITY’s uncured breach, CITY shall not
<br />enter into any other Soft Recyclables program in the CITY’s Service Area for a period of
<br />three (3) years unless undertaken with the Contractor, unless said restriction is waived in
<br />advance, in writing by the Contractor.
<br />
<br /> 24. Severability. Should one or more of the provisions of this Agreement be held by any
<br />court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain
<br />and continue in full force and effect, provided that the continuation of such remaining provisions
<br />does not materially change the original intent of this Agreement.
<br />
<br /> 25. Independent Contractor Status. In the performance of services pursuant to this
<br />Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or
<br />employee of CITY. Contractor shall have exclusive control over the details of the service and
<br />work performed and over all persons performing such service and work. Contractor shall be
<br />solely responsible for the acts and omissions of its officers, agents, employees, Contractors and
<br />subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors
<br />shall obtain any right to retirement benefits, Workers’ Compensation benefits, or any other
<br />benefits which accrue to CITY employees and Contractor expressly waives and claim it may
<br />have or acquire to such benefits.
<br />26. No Assignment. This Agreement, or any interest herein, shall not be transferred,
<br />sold, nor assigned by either Party to any person, firm, or corporation, without the prior written
<br />consent of the other Party.
<br />
<br />27. Definitions.
<br />a. Commercial Customer: The term "Commercial Customer" means non-residential
<br />customers, including businesses, public or private schools, institutions, governmental
<br />agencies and all other users of commercial-type Garbage collection services.
<br />b. Container: The term “Container” means a bag, supplied by Contractor for use by the
<br />Residential Customer to set out Soft Recyclables.
<br />c. Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners'
<br />property, within five (5) feet of the Public Street or Private Road without blocking
<br />sidewalks, driveways or on-street parking. If circumstances preclude, a Curbside shall be
<br />considered a placement suitable to the resident, convenient to Contractor's equipment,
<br />and mutually agreed to by CITY and Contractor.
<br />d. Excluded Items: The term “Excluded Items” means Garbage, Hazardous Waste,
<br />large furniture, large appliances such as refrigerators, stoves, washers and dryers,
<br />magazines, newspapers, car seats, cribs, mattresses, paint, tires, cleaners, electronic
<br />devices covered under Minnesota Statutes 115A.1310, etc. and any item heavier than
<br />fifty (50) pounds.
<br />e. Garbage: The term “Garbage” means all putrescible and non-putrescible solid and
<br />semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass,
<br />yard debris, leaves, swill, demolition and construction wastes, dead animals piles of
<br />debris, car parts, construction or demolition debris, any item that would be considered
<br />Hazardous Waste, or stumps.
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