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(b) CONTRACTOR may charge a delinquency fee of not more than ten (10 %) percent per <br />month on accounts which have not remitted required payments within 30 days after the date of billing. <br />Should payment not be received within 45 days of billing, CONTRACTOR shall notify said Customer <br />on forms approved by the CITY that services may be discontinued 15 days from the date of the notice if <br />payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall <br />resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR <br />shall provide the CITY with a bi- weekly list indicating the Customers which have had service ceased <br />due to nonpayment. <br />I� <br />Performance of each of the provisions of this Agreement shall be under the direction and <br />supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every <br />reasonable opportunity of ascertaining whether or not the work is performed in accordance with the <br />requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and <br />liaison between its organization and the CITY and shall maintain a telephone and a means for contact at <br />all times during periods of strike or other emergencies. The Executive Director may inspect the <br />CONTRACTOR's operations, facilities and equipment at any reasonable time and the CONTRACTOR <br />shall admit him to make such inspections at any reasonable time and place. <br />Title to all Solid Waste collected pursuant to this Agreement shall be vested in <br />CONTRACTOR upon being placed at the curb for collection, or placed in a bin or roll -off container for <br />collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and <br />otherwise use such Solid Waste, or any part thereof, in any fashion and for any lawful purpose desired <br />by CONTRACTOR and to retain any benefit or profit resulting there from provided, however, that <br />CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CIWMA. <br />(a) Should the CONTRACTOR materially and substantially fail to collect and recycle, divert <br />by means of composting, mulching and/or transforming or dispose of Solid Waste in accordance with <br />this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior <br />written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert <br />and/or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its <br />collection, Recycling, Yard Waste Diversion and/or disposal, using CITY employees and/or <br />independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby <br />incurred by the CITY. <br />(b) The CITY may give such notice for any specified individual omission by CONTRACTOR <br />in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48) <br />hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for <br />any reason, including a strike of CONTRACTOR's employees, the notice shall continue in effect with <br />24 <br />