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<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 /> <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, CITY shall be permitted to take control <br />and possession of the Licensed Equipment it owns pursuant to <br />section 11 herein and shall be allowed to use, without charge, any <br />of CONTRACTOR's other collection vehicles, containers, and other <br />equipment not then in actual use by CONTRACTOR which CITY shall <br />deem necessary to provide collection, Recycling, Yard Waste <br />Diversion and/or disposal services pursuant to this section. The <br />right of the CITY to enter upon and use facilities and equipment as <br />specified herein shall extend for a period of ninety (90) days. <br /> <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 35 <br />herein shall be seven (7) days. <br /> <br />35. <br /> <br />DEFAULT. DAMAGES AND TERMINATION OF AGREEMENT: <br /> <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 /> <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 />receipt by the CONTRACTOR of such written notice. If the <br />CONTRACTOR cannot reasonably correct or remedy the breach within <br />the time set forth in such notice, CONTRACTOR shall still be <br />required to commence to correct or remedy the violation within such <br />time as set forth in the notice and shall be required to diligently <br />achieve such correction or remedy as soon thereafter as possible. <br /> <br />27 <br />