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<br />. <br /> <br />. <br /> <br />7. The City council of the City of Santa Ana, therefore, <br />hereby desires that CONTRACTOR be engaged to provide for both the <br />collection of Solid Wastes within the corporate limits of the City <br />of Santa Ana and the transportation of such Solid Wastes to <br />appropriate places of processing, recycling, yard waste diversion, <br />and disposal, and to perform such services on the terms and <br />conditions set forth in this Second Amended and Restated Agreement <br />for Collection and Handling of Solid Waste Generated and/or <br />Accumulated in the City of Santa Ana (hereinafter referred to as <br />"this Agreement"). <br /> <br />NOW, THEREFORE, for the reasons recited above, and in <br />consideration of the respective and mutual covenants and promises <br />hereinafter contained and made, and subject to all the terms and <br />conditions hereof, the parties hereto do hereby agree as follows: <br /> <br />1. <br /> <br />GRANT OF CONTRACT: <br /> <br />CITY hereby grants to CONTRACTOR, for the term hereinafter set <br />forth, the contract, right and privilege to collect, recycle, <br />divert by means of composting, mulching, and/ or transforming, <br />dispose and transport, to appropriate facilities as set forth in <br />this Agreement, all Solid Wastes (as herein defined and subject to <br />the terms herein) generated, produced, kept and/or accumulated in <br />the City of Santa Ana, and CONTRACTOR, subject to all of the terms <br />hereof, hereby accepts and agrees to faithfully perform such <br />contract and obligation. <br /> <br />2. <br /> <br />TERM OF CONTRACT: <br /> <br />(a) The term of this Agreement shall begin upon execution of <br />this Agreement and shall extend to June 30,2008. In addition, the <br />term hereof may be extended through an amendment of this Agreement <br />or execution of a new agreement. <br /> <br />3. <br /> <br />DEFINITIONS: <br /> <br />As used in this Agreement, the following words and phrases <br />shall have the meaning assigned in this section, unless the context <br />at the point of usage clearly requires a different meaning. <br /> <br />(1). Aqreement shall mean this Amended and Restated Agreement, <br />including the exhibits thereto and the documents incorporated <br />herein by reference. <br /> <br />(2). Auditor shall mean the certified public accountant firm <br />retained by City for auditing services. <br /> <br />(3). Bin Service shall mean all Solid Waste collection <br />services provided by CONTRACTOR by means of front-loaded collection <br />bins of various sizes. <br /> <br />2 <br />