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Generated and/or Accumulated in the City of Santa Ana" ("Third Amended Agreement"), in order <br />to, among other things: (i) extend the term of the Agreement to June 30, 2018, (ii) incorporate new <br />programs to increase recycling and reduce illegal disposal of used oil, as well as to reduce illegal <br />dumping and litter throughout the City and (iii) include measures to ensure continued compliance <br />with the 50% diversion requirements as imposed by the State of California. <br />8. The parties again desire to amend the Third Amended Agreement in its entirety to <br />incorporate the provisions of previous amendments and to clarify, update and realign the financial <br />provisions of the Agreement. <br />The City Council of the City of Santa Ana., hereby desires that CONTRACTOR be engaged <br />to provide for both the collection of Solid Wastes within the corporate limits of the City of Santa <br />Ana and the transportation of such Solid Wastes to appropriate places of processing, recycling, <br />yard waste diversion, and disposal, and to perform such services on the terms and conditions set <br />forth in this Agreement. <br />NOW, THEREFORE, for the reasons recited above, and in consideration of the respective <br />and mutual covenants and promises hereinafter contained and made, and subject to all the terns <br />and conditions hereof, the parties hereto do hereby agree as follows: <br />1. GRANT OF CONTRACT: <br />CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, <br />right and privilege to collect, recycle, divert by means of composting, mulching, and/or <br />transforming, dispose and transport, to appropriate facilities as set forth in this Agreement, all <br />Solid Wastes (as herein defined and subject to the terms herein) generated, produced, kept and /or <br />accumulated in the City of Santa Ana, and CONTRACTOR, subject to all of the terms hereof, <br />hereby accepts and agrees to faithfully perform such contract and obligation. <br />2. TERM OF CONTRACT: <br />The term of this Agreement shall begin upon execution of this Agreement and shall extend <br />to June 30, 2018. <br />3. DEFINITIONS: <br />As used in this Agreement, the following words and phrases shall have the meaning <br />assigned in this section, unless the context at the point of usage clearly requires a different <br />meaning. <br />(1) Agreement shall mean this Amended and Restated Agreement, including the <br />exhibits thereto and the documents incorporated herein by reference. <br />(2) Auditor shall mean the certified public accountant firm retained by City for auditing <br />services, <br />(3) Bin Service shall mean all Solid Waste collection services provided by <br />CONTRACTOR by means of front- loaded collection bins of various sizes. <br />2 <br />25N -9 <br />