Laserfiche WebLink
of the conditions set out below, each of which may be waived in whole or in part by <br />City. <br />a) Accuracy of Representations. Representations and warranties made by <br />Contractor throughout this Agreement are accurate, true and correct on and as of <br />the effective date of this Agreement. <br />b) Absence of Litigation. There is no litigation pending in any court challenging the <br />award of this Franchise to Contractor or the execution of this Agreement or <br />seeking to restrain or enjoin its performance. <br />c) Furnishing of Insurance and Bonds. Contractor has furnished evidence of the <br />insurance and bonds required by Article 9. <br />d) Effectiveness of City Council Action. City's Resolution approving this <br />Agreement shall have become effective pursuant to California law. <br />2.8 Delegation of Authority <br />The administration of this Agreement by the City shall be under the supervision and <br />direction of the Executive Director's office and the actions specified in this Agreement, <br />unless otherwise stated, shall be taken by the Executive Director, or his or her designee. <br />2.9 Limitations to Scope <br />Notwithstanding any provision to the contrary contained herein, the exclusive <br />Franchise, right and privilege to provide Solid Waste Handling Services at Premises <br />within City granted to Contractor by this Agreement specifically excludes the following <br />services, which services may be provided by Persons other than Contractor and which <br />may be the subject of other permits, licenses, franchises or agreements issued or entered <br />by City: <br />a) The sale or donation of source -separated Recyclable Material and/or organic <br />Material by the Waste Generator to any Person or entity other than Contractor; <br />provided, however, to the extent permitted by law, if the Waste Generator is <br />required to pay monetary or non -monetary consideration for the Collection, <br />transportation, transfer, or processing of Recyclable Material and/or Organic <br />Material, or the Waste Generator receives a reduction or discount in price (or in <br />other terms of the consideration the Waste Generator is required to pay), the <br />August 17, 2021 29 City of Santa Ana <br />