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and college districts regarding the Solid Waste collection regulations contained herein. <br />(i) Waiver-- No acquiescence, failure or neglect of either of the contracting parties to insist on <br />strict performance of any or all of the terms hereof shall be considered as or constitute a waiver or any <br />term or condition of this Agreement or any performance required thereunder, or any remedy, damage or <br />other liability arising out of such refusal, neglect or inability to perform at any time. <br />H► 'KIN K 1 e► I 11105 KAORT"01 15101 1P <br />(a) The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first <br />obtaining the consent of the City Council. <br />(b) CONTRACTOR shall designate the person to be in charge of administering this <br />Agreement. The CITY retains the right to reject said person at any time during the term of this <br />Agreement upon reasonable grounds. Should the CITY require the replacement of any <br />person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within <br />which to designate, with the CITY'S approval, a new person. <br />(c) The CITY may cancel this Agreement pursuant to Section 35 or in the event of a breach of <br />the covenants in subsections (a) and (b) hereinabove. <br />43. <br />(a) The CONTRACTOR shall maintain financial records in accordance with generally <br />accepted accounting principles. <br />(b) CONTRACTOR shall make its records, reports, and methods of accounting available to the <br />CITY'S designated representative during normal business hours to allow the such person to review and <br />verify the information reported pursuant to this Agreement including, but not limited to, the <br />information reported pursuant to Section 16 hereof, the information reported pursuant to Sections 22 <br />through 25 including, but not limited to, the tonnages reported therein, and the Gross Receipts reported <br />pursuant to Section 10 hereof. <br />(c) CITY shall make its billing records available to CONTRACTOR upon reasonable notice <br />for the purpose of auditing such records. <br />rE <br />:�►1 <br />The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and <br />file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2,000,000.00) <br />conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its <br />subcontractors, if any. Said bond may be written for a term of one year, and may thereafter be renewed <br />by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in <br />force for the complete term of this Agreement. <br />32 <br />