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the CITY, after prior written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert and /or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its collection, Recycling, Yard Waste Diversion and /or disposal, using CITY employees and/or independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby incurred by the CITY. (b) The CITY may give such notice for any specified individual omission by CONTRACTOR in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48) hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for any reason, including a strike of CONTRACTOR's employees, the notice shall continue in effect with respect to Solid Waste originating thereafter as long as the omission continues, In addition to any other lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11 herein and shall be allowed to use, without charge, any of CONTRACTOR's other collection vehicles, containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to this section. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend for a period of ninety (90) days. (c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching and /or transforming, and /or dispose of Solid Waste in accordance with this Agreement, CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this Agreement, In the event of such a material default, the reasonable time for correction pursuant to Section 35 herein shall be seven (7) days. 35. DEFAULT DAMAGES AND TERMINATION OF AGREEMENT: (a) In the event CONTRACTOR defaults in the performance of any of the obligations, covenants or agreements to be kept, done or performed by it under the terns of this Agreement, or any other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in writing of the nature of such default. (b) The Executive Director may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be thirty (3 0) days from the receipt by the CONTRACTOR of such written notice, If the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within such time as set forth in the notice and shall be required to diligently achieve such correction or remedy as soon thereafter as possible. (c) The Executive Director shall review the CONTRACTOR's response to the notice of deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the City Clerk within 10 days of receipt of the Executive Director's decision. Within 22 25N -29