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31. FAILURE TO COLLECT: <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 /> (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, CONTRACTOR shall allow CITY the use, <br /> without charge, of any of CONTRACTOR'S collection vehicles, <br /> containers, and other equipment not then in actual use by <br /> CONTRACTOR which CITY shall deem necessary to provide collection, <br /> recycling, diversion and/or disposal services pursuant to this <br /> section. The right of the CITY to enter upon and use facilities <br /> and equipment as specified herein shall extend for a period of <br /> ninety (90) days. <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 32 <br /> herein shall be seven (7) days. <br /> 32. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT: <br /> (a) In the event CONTRACTOR defaults in the performance of <br /> any of the obligations, covenants or agreements to be kept, done or <br /> performed by it under the terms of this Agreement, or any other <br /> applicable Federal, State, or local law or regulation, the CITY <br /> shall notify CONTRACTOR in writing of the nature of such default. <br /> (b) The Executive Director may, in such written instrument, <br /> set a reasonable time within which correction of all such <br /> deficiencies is to be made. Unless otherwise specified, a <br /> reasonable time for correction shall be thirty (30) days from the <br /> 26 <br />