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CONTRACTOR shall not be responsible to the extent C and D Debris and <br />Incidental Waste is generated in the CITY and collected by other than <br />CONTRACTOR. <br />CONTRACTOR agrees to protect, defend, with counsel approved by the CITY, <br />and indemnify CITY against any and all fines and/or penalties imposed by the <br />California Integrated Waste Management Board in the event that the diversion <br />quantities contained in the CITY's SRRE are not met. CONTRACTOR shall not <br />be responsible to the extent that C and D Debris and Incidental Waste generated <br />in the CITY is collected by other than CONTRACTOR. <br />14. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT <br />a. In the event CONTRACTOR defaults in the performance of any of <br />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 shall <br />notify CONTRACTOR in writing of the nature of such default. <br />b. The Executive Director may, in such written instrument, set a <br />reasonable time within which correction of all such deficiencies is <br />to be made. Unless otherwise specified, a reasonable time for <br />correction shall be thirty (30) days from the receipt by the <br />CONTRACTOR of such written notice. If the CONTRACTOR <br />cannot reasonably correct or remedy the breach within the time set <br />forth in such notice, Contractor shall commence to correct or <br />remedy the violation within such time as set forth in the notice and <br />shall diligently achieve such correction or remedy as soon <br />thereafter as possible, but shall in no case fail to cure any such <br />defect in less than ninety (90) days. Failure to cure within ninety <br />(90) days as stated will be considered a material violation of this <br />agreement, subject to termination as set forth in subsection (c) <br />below. <br />10 <br />