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respect to Solid Waste originating thereafter as long as the omission continues. In addition to any other <br />lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted <br />by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall <br />be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11 <br />herein and shall be allowed to use, without charge, any of CONTRACTOR's other collection vehicles, <br />containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem <br />necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to <br />this section. The right of the CITY to enter upon and use facilities and equipment as specified herein <br />shall extend for a period of ninety (90) days. <br />(c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching <br />and/or transforming, and/or dispose of Solid Waste in accordance with this Agreement, <br />CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this <br />Agreement. hr the event of such a material default, the reasonable time for correction pursuant to <br />Section 35 herein shall be seven (7) days. <br />UM 1 104 W-All N N 17-Ak A K194 XV1,10 1 WJ I I OEV 111109 1 NO 10400 <br />(a) In the event CONTRACTOR defaults in the performance of any of the obligations, <br />covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any <br />other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in <br />writing of the nature of such default. <br />(b) The Executive Director may, in such written instrument, set a reasonable time within which <br />correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for <br />correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If <br />the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such <br />notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within <br />such time as set forth in the notice and shall be required to diligently achieve such correction or remedy <br />as soon thereafter as possible. <br />(c) The Executive Director shall review the CONTRACTOR's response to the notice of <br />deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in <br />writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be <br />final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the <br />City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of <br />receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings <br />in accordance with Chapter three of the Santa Ana Municipal Code. <br />(d) In such case, the City Council may set the matter for hearing. The City Clerk shall give <br />CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council <br />shall consider the report of the Executive Director indicating the deficiencies, and shall give the <br />CONTRACTOR a reasonable opportunity to be heard. <br />(e) Based on the evidence presented at the public hearing, the City Council shall determine by <br />25 <br />