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<br />12.00 <br /> <br />12.01 <br /> <br />12.02 <br /> <br />12.03 <br /> <br />13.00 <br /> <br />13.01 <br /> <br />e <br /> <br />e <br /> <br />FAILURE TO PERFORM <br /> <br />NOTICE - All terms and conditions of the Contract are <br />considered to be material and a failure to perform or a <br />breach of any condition, term or provision of any part of <br />the Contract shall be considered to be a default <br />consti tuting grounds for termination or other default <br />relief. Should the Contractor fail to perform any of its <br />contractual obligations, the City shall provide written <br />notice of termination and cancellation of the contract. <br />The notice shall set forth the causes and reasons for the <br />proposed termination and cancellation. The City's <br />failure to give notice shall not be deemed a waiver of <br />subsequent defaults or failure to perform. <br /> <br />REMEDY - Should the Contractor fail to correct such <br />breach within ten (10) days of the notice, the city may, <br />at its option, terminate this agreement and negotiate <br />with other contractors for the performance of the <br />service. Such action shall not release the Contractor of <br />liability to the City for such breach of agreement. In <br />the event of termination under this provision, the City <br />may utilize the performance bond(s) to fund cost of <br />service for collection and disposal, and may avail itself <br />of any other remedy allowed by law for damages resulting <br />from Contractor's failure to perform. <br /> <br />FORCE MAJEURE - In the event that the Contractor is <br />delayed or prevented from continuing in the performance <br />of this Contract by reason of an Act of God, catastrophe, <br />riot, war, governmental order or regulation, strike or <br />other similar or different contingency beyond the <br />reasonable control of the Contractor, the Contractor <br />shall not be liable for damages arising solely out of <br />such contingency. <br /> <br />BASIS AND METHOD OF PAYMENT <br /> <br />COLLECTION AND DISPOSAL RATES For collection and <br />disposal services required to be performed by the <br />Contract, the charges for said services shall be as <br />outlined under Exhibit A, Band C (Rate Schedule), and <br />said charges shall not exceed the rates as fixed by the <br />Contract Documents, as adjusted in accordance with <br />Paragraph 13.02. The Refuse collection charges provided <br />in this section shall include all collection, disposal, <br />State fees, and related costs. Bins will be deemed full <br />for purposes of determining cubic yards collected, with <br />the capacity as determined by the manufacturer. <br /> <br />PAGE 12 OF 21 <br />