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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 <br />of the Contract shall be considered to be a default <br />constituting grounds for termination or other default <br />relief. Should the Contractor fail to perform any of <br />its contractual obligations, the City shall provide <br />written notice of termination and cancellation of the <br />contract. The notice shall set forth the causes and <br />reasons for the proposed termination and cancellation. <br />The City's failure to give notice shall not be deemed a <br />waiver of 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 <br />may, at its option, terminate this agreement and <br />negotiate with other contractors for the performance of <br />the service. Such action shall not release the <br />Contractor of liability to the City for such breach of <br />agreement. In the event of termination under this <br />provision, the City may utilize the performance bond(s) <br />to fund cost of service for collection and disposal, <br />and may avail itself of any other remedy allowed by law <br />for damages resulting from Contractor's failure to <br />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, <br />catastrophe, riot, war, governmental order or <br />regulation, strike or other similar or different <br />contingency beyond the reasonable control of the <br />Contractor, the Contractor shall not be liable for <br />damages arising solely out of such contingency. <br /> <br />BASIS AND METHOD OF PAYMENT <br /> <br />COLLECTION <br />disposal <br />Contract, <br />outlined <br />charges <br />Contract <br />Paragraph <br />provided in <br />disposal and <br />for purposes <br />the capacity <br /> <br />AND DISPOSAL RATES - For collection and <br />services required to be performed by the <br />the charges for said services shall be as <br />under Exhibit A (Rate Schedule), and said <br />shall not exceed the rates as fixed by the <br />Documents, as adjusted in accordance with <br />13.02. The Refuse collection charges <br />this section shall include all collection, <br />related costs. Bins will be deemed full <br />of determining cubic yards collected, with <br />as determined by the manufacturer. <br /> <br />PAGE 12 OF 21 <br />