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City of Saint Anthony Village Amendment to Agreement for Residential Solid Waste and Recycling Collection Services Page 2 NOW, THEREFORE, in consideration of the promises and the mutual obligations of the parties hereto, and other good and valuable consideration the receipt of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Section 2.11 of the Agreement is hereby amended to read as follows: 2.11 The Contractor shall be obligated to protect all public and private utilities whether occupying public or private property. If such utilities are damaged by reason of the Contractor’s negligence or willful misconduct, the Contractor shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing shall be paid by the Contractor. 2. Section 5.4 of the Agreement is hereby amended to read as follows: 5.4 Painting The vehicle bodies shall be painted and numbered, and shall have the Contractor’s name and telephone number or website painted in letters of a contrasting color, at least four (4) inches high or easily readable under normal conditions. 3. Section 10 of the Agreement is hereby amended to read as follows: 10 Term of Agreement. 10.1 Term. This Agreement shall be in full force and effect for the period beginning on the Effective Date, and ending on April 1, 2023. 4. Section 11.1 of the Agreement is hereby amended to read as follows: 11.1 Notice of Default. If any of the services or obligations to be performed under this Agreement are abandoned by the Contractor, or if the Contractor assigns or transfers this Agreement without the City’s prior written consent, or if the Contractor is adjudged bankrupt, or if a general assignment of assets is made for the benefit of Contractor’s creditors, or if a receiver is appointed for the Contractor of any of its property, or if at any time the City determines that the performance of any of the services or obligations under this Agreement are being unnecessarily delayed, in violation of the Agreement itself, or executed in bad faith, then the City may serve written notice upon the Contractor of the City’s intention to terminate this Agreement with respect to the individual Contractor. If the City breaches any material obligation under this Agreement, which breach remains uncured, the Contractor may serve written notice upon the City of the Contractor’s intention to terminate this Agreement. 5. Section 14.2 of the Agreement is hereby amended to read as follows: 14.2 Indemnity. The parties agree to indemnify, defend and hold the other, its agents, contractors, subcontractors, officials, employees, attorneys, boards, Councils, agents, volunteers and representatives harmless against and in respect of any and 83