Res 2014-088/Green Guy Recycling Contract for drop-off and pick-up

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Section 6.10 Exclusivity All services provided pursuant to this Contract are for the exclusive use and benefit of the City and the Contract will not give rise to any rights in third parties. Section 6.11 Waiver/Renunciation No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing and signed by both parties. Section 6.12 Remedies; No Waiver. In the event of a default or breach of this Contract by the Contractor, the City reserves the right to choose among the remedies for the default or breach available to the City. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Contract with respect to one or more defaults by the Contractor will not waive the City's ability to enforce the Contract after that time. Section 6.13 No Waiver of Immunity from Suit The City's execution and performance under this Contract will not act as a waiver by the City of any immunity from suit to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing this Contract, is a governmental entity acting in a governmental capacity. Section 6.14 Contractor Name Change The Contractor is responsible for the performance of the Contract. In the event the Contractor changes its name, the City must be notified in writing immediately. No change in the obligations of the Contractor will be recognized until such change is approved by the City. A fee of $100.00, payable to the City, will be charged the Contractor for administrative costs in processing each change under this provision. The Contract will then be modified to reflect the change. Section 6.15 Force Maieure In the event that the performance by either the City or the Contractor of any of its obligations under the Contract is interrupted or delayed by events outside of their control such as acts of God, war, riot, or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of the events. Section 6.16 Successors and Assigns; Assignment The City and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Contract and to the partners, successors, assigns and 15 Recycling Services Contract 2014