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any part of such Solid Waste, or initiate services to cause or <br /> promote its collection, Recycling, Yard Waste Diversion and/or <br /> disposal, using CITY employees and/or independent contractors, and <br /> the CONTRACTOR shall be liable for all reasonable expenses thereby <br /> incurred by the CITY. <br /> (b) The CITY may give such notice for any specified <br /> individual omission by CONTRACTOR in which event CONTRACTOR shall <br /> be allowed a reasonable time of not less than forty eight (48) <br /> hours to remedy such omission. In the event of substantial <br /> nonperformance by CONTRACTOR for any reason, including a strike of <br /> CONTRACTOR's employees, the notice shall continue in effect with <br /> respect to Solid Waste originating thereafter as long as the <br /> omission continues. In addition to any other lawful means of <br /> effecting reimbursement from the CONTRACTOR, such expenses may be <br /> deducted by the CITY from money due or which may become due the <br /> CONTRACTOR. In addition, CITY shall be permitted to take control <br /> and possession of the Licensed Equipment it owns pursuant to <br /> Section 11 herein and shall be allowed to use, without charge, any <br /> of CONTRACTOR' s other collection vehicles, containers, and other <br /> equipment not then in actual use by CONTRACTOR which CITY shall <br /> deem necessary to provide collection, Recycling, Yard Waste <br /> Diversion and/or disposal services pursuant to this section. The <br /> right of the CITY to enter upon and use facilities and equipment as <br /> specified herein shall extend for a period of 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 35 <br /> herein shall be seven (7) days. <br /> 35. 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 /> 27 <br />