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respect to Solid Waste originating thereafter as long as the omission continues. In addition to any other <br /> lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted <br /> by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall <br /> be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11 <br /> herein and shall be allowed to use, without charge, any of CONTRACTOR'S other collection vehicles, <br /> containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem <br /> necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to <br /> this section. The right of the CITY to enter upon and use facilities and equipment as specified herein <br /> shall extend for a period of ninety(90) days. <br /> (c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching <br /> and/or transforming, and/or dispose of Solid Waste in accordance with this Agreement, <br /> CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this <br /> Agreement. In the event of such a material default, the reasonable time for correction pursuant to <br /> Section 35 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 any of the obligations, <br /> covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any <br /> other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in <br /> writing of the nature of such default. <br /> (b) The Executive Director may,in such written instrument, set a reasonable time within which <br /> correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for <br /> correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If <br /> the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such <br /> notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within <br /> such time as set forth in the notice and shall be required to diligently achieve such correction or remedy <br /> as soon thereafter as possible. <br /> (c) The Executive Director shall review the CONTRACTOR's response to the notice of <br /> deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in <br /> writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be <br /> final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the <br /> City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of <br /> receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings <br /> in accordance with Chapter three of the Santa Ana Municipal Code. <br /> (d) In such case, the City Council may set the matter for hearing. The City Clerk shall give <br /> CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council <br /> shall consider the report of the Executive Director indicating the deficiencies, and shall give the <br /> CONTRACTOR a reasonable opportunity to be heard. <br /> (e) Based on the evidence presented at the public hearing, the City Council shall determine by <br /> 25 <br />