2018-07-11 CC Handout - Laserfiche WebLink

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21.2 Failure to maintain vehicle in a manner that prevents nuisances such as leaky seals or hydraulics. $100 each occurrence. 21.3 Failure or neglect to collect solid waste, recycling (or yard waste or bulky goods) at those times provided by this Agreement, and within 24-hours after either oral or written notice by the City. $50 each occurrence. 21.4 Failure or neglect to provide notice to involved resident when solid waste or recyclables refused for collection for cause. $25 each occurrence. 21.5 Failure to abide by the City's regular collection hours, 7:00 a.m. to 5 p.m., unless prior permission has been granted by the City. $250 per vehicle each occurrence. 22. Performance Bond. The Company shall provide, at no cost to the City, either an irrevocable letter of credit, or a performance bond, in the amount of $100,000 executed by a corporate surety company authorized to do business in the State of Minnesota to secure the faithful performance of this contract by said Company conditioned that the Company shall well and truly perform and carry out the covenants, terms, and conditions of the contract in strict accordance with its provisions. This Agreement shall be subject to termination by the City at any time if said bond shall be canceled or the surety thereon relieved from liability because of failure to pay the premium or termination of the period of the bond without renewal thereof. 23. Miscellaneous. (a) This Agreement represents the entire agreement between the Parties and supersedes all prior agreements, whether written or verbal, that may exist for the same Services. (b) Company shall have no confidentiality obligation with respect to any Waste Materials. (c) Neither party shall assign this Agreement in its entirety without the other party's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Company may assign this Agreement without the City's consent to its parent company or any of its subsidiaries, to any person or entity that purchases any operations from Company or as a collateral assignment to any lender to Company. This Agreement shall be binding upon and inure solely to the benefit of the Parties and their permitted successors and assigns. (d) Company may provide any of the Services covered by this Agreement through any of its affiliates or subcontractors, provided that Company shall remain responsible for the performance of all such services and obligations in accordance with this Agreement. (e) No intellectual property rights in any of Company's IP are granted to City under this Agreement. (f) All provisions of the Agreement shall be strictly complied with and conformed to by the Parties, and this Agreement shall not be modified or amended except by written agreement duly executed by the undersigned parties. (g) If any provision of this Agreement is declared invalid or unenforceable, it shall be modified so as to be valid and enforceable but so as most nearly to retain the intent of the Parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case, the validity and enforceability of the remaining provisions of this Agreement shall not in any way be affected thereby. (h) Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. (i) If any litigation is commenced under this Agreement, the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees, expert witness fees, litigation related expenses, and court or other costs incurred in such litigation or proceeding. 0) This Agreement shall be interpreted and governed by the laws of the State where the Services are performed. (k) Customer and Company agree that electronic signatures are valid and effective, and that an Page 8 of 18