07-A Solid Waste Agreement Ord - Laserfiche WebLink

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22. OWNERSHIP: Title to Residential Waste shall pass to Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the Customer's premises, whichever last occurs. Title to Unacceptable Waste not permitted to be disposed of pursuant to this Agreement shall remain with the generator thereof. 23. SEVERABILITY: In the event that any provision or portion thereof of this Agreement shall be found by any court of competent jurisdiction to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with applicable laws and to the extent reasonably possible this Agreement shall remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. The invalidity or unenforceability of any provision or portion of this Agreement shall not affect the validity or enforceability of any other provision or portion of this Agreement. 24. PRIOR AGREEMENTS: This Agreement supersedes any contract which now exists or may previously have existed between the parties in effect as of the commencement date. 25. PRIORITY OF DOCUMENTS: In the event of conflict in the language of this Agreement and any Request for Proposals, Instruction to Contractors, Contractor's Proposal, General Specifications, and any addenda or changes to the foregoing document, the terms and conditions of this Agreement shall be final and binding on both parties hereto. 26. BOOKS AND RECORDS: City and Contractor agree to maintain at their respective places of business adequate records relating to the performance of their respective duties under the provisions of this Agreement and such records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, only records directly relating to this Agreement and necessary to substantiate invoicing must be disclosed to the other party. 27. PERFORMANCE BOND: Contractor shall provide to City, and maintain at Contractor's expense during the term of this Agreement, a performance bond in the amount of $500,000.00, guaranteed by a surety acceptable to City, to guarantee Contractor's faithful performance of this Agreement. In the event of Contractor's non performance, the City may apply the proceeds of said bond to offset the cost to City of said non performance. The existence and/or use of said bond shall not preclude City from exercising any and all other remedies available to City under this Agreement, or otherwise, for Contractor's failure to perform. 28. BREACH: In the event of a breach of this Agreement, the duties and obligations of either party to this Agreement are enforceable by legal action taken by the non-breaching party against the breaching party, seeking damages, specific performance, SOLID WASTE AGREEMENT Page 14