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60A - ISSUANCE OF DRAFT SOLID WASTE SERVICES
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60A - ISSUANCE OF DRAFT SOLID WASTE SERVICES
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Last modified
3/12/2020 1:23:25 PM
Creation date
3/12/2020 5:34:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
60A
Date
3/17/2020
Destruction Year
2025
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EXHIBIT 4 <br />CORPORATE GUARANTY <br />Guaranty <br />THIS GUARANTY (the "Guaranty) is given as of the day of , 2020. <br />THIS GUARANTY is made with reference to the following facts and circumstances: <br />hereinafter ("Owner") is a <br />organized under the laws of the State of which is wholly owned by <br />. (Guarantor). <br />B. Owner and the City have negotiated an Agreement for Collection, processing, <br />and Disposal of Solid Waste dated as of (hereinafter "Agreement'). A <br />copy of this Agreement is attached hereto. <br />C. It is a requirement of the Agreement, and a condition to the City entering into the <br />Agreement, that Guarantor guaranty Owners performance of the Agreement. <br />D. Guarantor is providing this Guaranty to induce the City to enter into the <br />Agreement. <br />NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as follows: <br />1. Guaranty of the Agreement. Guarantor hereby irrevocably and unconditionally <br />guarantees to the City the complete and timely performance, satisfaction and <br />observation by Owner of each and every term and condition of the Agreement which <br />Owner is required to perform, satisfy or observe. hi the event that Owner fails to <br />perform, satisfy or observe any of the terms and conditions of the Agreement, <br />Guarantor will promptly and fully perform, satisfy or observe them in the place of the <br />Owner or cause them to be performed, satisfied or observed. Guarantor hereby <br />guarantees payment to the City of any damages, costs or expenses which might become <br />recoverable by the City from Owner due to its breach of the Agreement. <br />2. Guarantor's Obligations Are Absolute. The obligations of the Guarantor <br />hereunder are direct, immediate, absolute, continuing, unconditional and unlimited, <br />and with respect to any payment obligation of Owner under the Agreement, shall <br />constitute a guarantee of payment and not of collection, and are not conditional upon <br />March 9, 2020 60A-�53 City of Santa Ana - DRAFT <br />
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