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<br />. <br /> <br />. <br /> <br />(h) Enforcement of Scope of Services: CONTRACTOR shåll <br />reimburse the CITY for any costs incurred by the CITY in enforcing <br />and potentially defending any challenges by any and all school and <br />college districts regarding the Solid Waste collection regulations <br />contained herein. <br /> <br />(i) Waivers: No acquiescence, failure or neglect of either of <br />the contracting parties to insist on strict performance of any or <br />all of the terms hereof shall be considered as or constitute a <br />waiver or any term or condition of this Agreement or any <br />performance required thereunder, or any remedy, damage or other <br />liability arising out of such refusal, neglect or inability to <br />perform at any time. <br /> <br />42. <br /> <br />SUBCONTRACTORS AND MANAGEMENT: <br /> <br />(a) The CONTRACTOR shall not subcontract this Agreement nor <br />any part hereof without first obtaining the consent of the City <br />Council. <br /> <br />(b) CONTRACTOR shall designate the person to be in charge of <br />administering this Agreement. The CITY retains the right to reject <br />said person at any time during the term of this Agreement upon <br />reasonable grounds. Should the CITY require the replacement of any <br />person so designated by CONTRACTOR, the CONTRACTOR shall have <br />thirty (30) days within which to designate, with the CITY'S <br />approval, a new person. <br /> <br />(c) The CITY may cancel this Agreement pursuant to section <br />35 or in the event of a breach of the covenants in subsections (a) <br />and (b) hereinabove. <br /> <br />43. <br /> <br />ACCOUNTING AND AUDITING: <br /> <br />(a) The CONTRACTOR shall maintain financial records <br />accordance with generally accepted accounting principles. <br /> <br />in <br /> <br />(b) CONTRACTOR shall make its records, reports, and methods <br />of accounting available to the CITY'S designated representative <br />during normal business hours to allow the such person to review and <br />verify the information reported pursuant to this Agreement <br />including, but not limited to, the information reported pursuant to <br />section 16 hereof, the information reported pursuant to sections 22 <br />through 25 including, but not limited to, the tonnages reported <br />therein, and the Gross Receipts reported pursuant to section 10 <br />hereof. <br /> <br />(c) CITY shall make its billing records available to <br />CONTRACTOR upon reasonable notice for the purpose of auditing such <br />records. <br /> <br />36 <br />