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services as described in Section 5.1 with the exception of Residential Curbside Service <br />Units which are billed by the City. Contractor further agrees that, in such event, it shall <br />reimburse City for any and all costs and expenses incurred by City beyond that billed <br />and received by City in taking over possession of the above -mentioned equipment and <br />property for Solid Waste service in such manner and to an extent as would otherwise be <br />required of Contractor under the Terms of this Agreement. Such reimbursement shall <br />be made from time to time after submission by City to Contractor of each statement <br />listing such costs and expenses, but in no event later than five (5) working days from <br />and after each such submission. <br />10.4 City's Right to Relinquish Possession <br />It is further mutually agreed that City may at any time at its discretion relinquish <br />possession of any or all of the above -mentioned property to Contractor and thereupon <br />demand that Contractor resume the Solid Waste services as provided in this <br />Agreement, whereupon Contractor shall be bound to resume the same. <br />10.5 City's Possession Not A Taking <br />Except as otherwise expressly provided in the previous paragraph, City's exercise of its <br />rights under this Article (1) does not constitute a taking of private property for which <br />compensation must be paid, (2) will not create any liability on the part of City to <br />Contractor, and (3) does not exempt Contractor from any of the indemnity and <br />insurance provisions of this Agreement, which are meant to extend to circumstances <br />arising under this Section provided that the Contractor is not required to indemnify the <br />City against claims and damages arising from the active negligence of the City, its <br />elected and appointed boards, commissions, officers, employees and agents in the <br />operation of Collection vehicles during the time the City has taken possession of such <br />vehicles. <br />10.6 Duration of City's Possession <br />City's right pursuant to this Article to retain temporary possession of Contractor's <br />facilities and equipment, and to render Collection services, shall terminate when City <br />determines that such services can be resumed by Contractor, or when City no longer <br />reasonably requires such property or equipment. In any case, City has no obligation to <br />maintain possession of Contractor's property or equipment and/or continue its use for <br />March 9, 2020 118 City of Santa Ana - DRAFT <br />60A-207 <br />