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<br />. <br /> <br />. <br /> <br />33. <br /> <br />TITLE TO SOLID WASTE: <br /> <br />Title to all Solid Waste collected pursuant to this Agreement <br />shall be vested in CONTRACTOR upon being placed at the curb for <br />collection or placed in a bin or roll-off container for collection. <br />CONTRACTOR expressly hereby reserves and is granted the right to <br />retain, dispose of and otherwise use such Solid Waste, or any part <br />thereof, in any fashion and for any lawful purpose desired by <br />CONTRACTOR and to retain any benefit or profit resulting therefrom <br />provided, however, that CONTRACTOR first complies with this <br />Agreement, the CITY'S SRRE and CIWMA. <br /> <br />34. <br /> <br />FAILURE TO COLLECT: <br /> <br />(a) Should the CONTRACTOR fail to collect and recycle, divert <br />by means of composting, mulching and/or transforming or dispose of <br />Solid Waste in accordance with this Agreement and the collection <br />schedules then in effect pursuant to Section 8, the CITY, after <br />prior written notice of not less than forty eight (48) hours to the <br />CONTRACTOR, may collect, recycle, divert and/or dispose of all or <br />any part of such Solid Waste, or initiate services to cause or <br />promote its collection, Recycling, Yard Waste Diversion and/or <br />disposal, using CITY employees and/or independent contractors, and <br />the CONTRACTOR shall be liable for all reasonable expenses thereby <br />incurred by the CITY. <br /> <br />(b) The CITY may give such notice for any specified <br />individual omission by CONTRACTOR in which event CONTRACTOR shall <br />be allowed a reasonable time of not less than forty eight (48) <br />hours to remedy such omission. In the event of substantial <br />nonperformance by CONTRACTOR for any reason, including a strike of <br />CONTRACTOR's employees, the notice shall continue in effect with <br />respect to Solid Waste originating thereafter as long as the <br />omission continues. In addition to any other lawful means of <br />effecting reimbursement from the CONTRACTOR, such expenses may be <br />deducted by the CITY from money due or which may become due the <br />CONTRACTOR. In addition, CITY shall be permitted to take control <br />and possession of the Licensed Equipment it owns pursuant to <br />section 11 herein and shall be allowed to use, without charge, any <br />of CONTRACTOR's other collection vehicles, containers, and other <br />equipment not then in actual use by CONTRACTOR which CITY shall <br />deem necessary to provide collection, Recycling, Yard Waste <br />Diversion and/or disposal services pursuant to this section. The <br />right of the CITY to enter upon and use facilities and equipment as <br />specified herein shall extend for a period of ninety (90) days. <br /> <br />(c) Should CONTRACTOR fail to collect, recycle, divert by <br />means of composting, mulching and/or transforming, and/or dispose <br />of Solid Waste in accordance with this Agreement, CONTRACTOR shall <br />be deemed to be in material default in the performance of its <br />obligations of this Agreement. In the event of such a material <br />default, the reasonable time for correction pursuant to section 35 <br />herein shall be seven (7) days. <br /> <br />27 <br />