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<br />e. If CONTRACTOR fails or refuses to produce or maintain the <br />insurance required by this section or fails or refuses to furnish the <br />City with required proof that insurance has been procured and is in <br />force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination <br />shall not effect CONTRACTOR's right to be paid for its time and <br />materials expended prior to notification of termination. <br />CONTRACTOR waives the right to receive compensation and <br />agrees to indemnify the City for any work performed prior to <br />approval of insurance by the City. <br />16. USE AND MAINTENANCE OF BINS AND ROLL-OFF <br />CONTAINERS <br />a. All collection ofC&D Debris and Incidental Wastes at Temporary <br />Construction Sites pursuant to this Agreement shall occur in bins <br />or roll-off containers. <br />b. Bins and roll-off containers provided by CONTRACTOR shall be <br />of a design and size to contain, at all times, the contents therein in <br />such a manner as to promote best possible housekeeping <br />conditions. Bins and roll-off containers supplied by the <br />CONTRACTOR shall, at all times, be maintained by it in a well- <br />kept appearance and shall be marked with reflectorized material <br />where such bins and/or roll-off containers are or may reasonably <br />be expected to be located in the public right-of-way. Bins and <br />roll-off containers shall be fitted with a protective device, as <br />current technology provides, for the wheels in order to protect <br />streets and sidewalks from damage from bins or roll-off containers. <br />Bins and roll-off containers shall be a specific color provided in <br />writing to CITY to assist CITY with identification, and shall be <br />labeled with the name and phone number of CONTRACTOR's <br /> <br />14 <br />