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containers, and other equipment not then in actual use by <br /> CONTRACTOR which CITY shall deem necessary to provide collection, <br /> recycling, diversion and/or disposal services pursuant to this <br /> section. The right of the CITY to enter upon and use facilities <br /> and equipment as specified herein shall extend for a period of <br /> ninety (90) days. <br /> (c) Should CONTRACTOR fail to collect, recycle, divert by <br /> means of composting, mulching and/or transforming, and/or dispose <br /> of solid waste in accordance with this Agreement, CONTRACTOR shall <br /> be deemed to be in material default in the performance of its <br /> obligations of this Agreement. In the event of such a material <br /> default, the reasonable time for correction pursuant to Section 32 <br /> herein shall be seven (7) days. <br /> 32. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT: <br /> (a) In the event CONTRACTOR defaults in the performance of <br /> any of the obligations, covenants or agreements to be kept, done or <br /> performed by it under the terms of this Agreement, or any other <br /> applicable Federal, State, or local law or regulation, the CITY <br /> shall notify CONTRACTOR in writing of the nature of such default. <br /> (b) The Executive Director may, in such written instrument, <br /> set a reasonable time within which correction of all such <br /> deficiencies is to be made. Unless otherwise specified, a <br /> reasonable time for correction shall be thirty (30) days from the <br /> receipt by the CONTRACTOR of such written notice. If the <br /> CONTRACTOR cannot reasonably correct or remedy the breach within <br /> the time set forth in such notice, CONTRACTOR shall still be <br /> required to commence to correct or remedy the violation within such <br /> time as set forth in the notice and shall be required to diligently <br /> achieve such correction or remedy as soon thereafter as possible. <br /> (c) The Executive Director shall review the CONTRACTOR'S <br /> response to the notice of deficiencies and shall either decide the <br /> matter and notify the CONTRACTOR of that decision in writing, or, <br /> refer the matter to the City Council. A decision or order of the <br /> Executive Director shall be final and binding on CONTRACTOR if the <br /> CONTRACTOR fails to file a "Notice of Appeal" with the City Clerk <br /> within 10 days of receipt of the Executive Director's decision. <br /> Within thirty working days of receipt of a Notice of Appeal, the <br /> City Clerk shall refer the appeal to the City Council for <br /> proceedings in accordance with Chapter three of the Santa Ana <br /> Municipal Code. <br /> (d) In such case, the City Council may set the matter for <br /> hearing. The City Clerk shall give CONTRACTOR written notice of <br /> the time and place of the hearing. At the hearing, the City <br /> Council shall consider the report of the Executive Director <br /> indicating the deficiencies, and shall give the CONTRACTOR a <br /> reasonable opportunity to be heard. <br /> 28 <br />