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<br />r <br /> <br />l06-b <br /> <br />-2- <br /> <br />VI <br /> <br />I <br /> <br />Company shall comply with the health laws and regulations <br />enacted by City and the State of Texas. Company ~grees toprovi4e <br />City with the privilege of inspecting Company's premises at <br />reasonable times as frequently as requested by City, If. City <br />finds from inspection that Company is in violation of any health <br />laws or regulations as outlined above, City shall notify Company <br />in writing that the particular violation exists and Company <br />shall correct and remove said violation in ten (10) days. Failure <br />to remove said violation will result in a complaint being filed in <br />a court of competent jurisdiction. If the correction or removal <br />of the violation is not performed by Company within thirty (30) <br />days following receipt of the written notice, said.failure to <br />perform shall constitute grounds for termination of this agreement. <br /> <br />VII <br /> <br />The Parties agree that if there be proof of substantial non- <br />performance of the Company's obligations to the City under this <br />contract, City shall have the right to termlnate said contract. <br />However, before the termination of said co.ntract, the City must <br />first notify company at least seven (7) days in advance of its <br />intent to consider such>proof at a regularly scheduled workshop <br />session and shall afford Company the right to be present.inperson <br />or through its counsel to show cause why said contract should <br />not be terminated. The actual termination of the contract shall <br />be by the affirmative vote of the majority of the City Council <br />meeting in regular session. The terms of this prOVision shall in <br />no way affect the rights of appeal of either party to a Court <br />of competent jurisdiction <br /> <br />VI II <br /> <br />I <br /> <br />Company agrees that this contract shall not be assigned without <br />notice to City and acceptance of said. assignment by the City Council <br />of said City. Sixty days written notice of Company's desire to <br />assign shall he required along with full disclosure by Company of the <br />terms of said proposed assignment. City shall act on said proposal <br />within sixty'days of:rei;:eiptof said..lllotice. <br /> <br />~/~~~o?S'~ <br /> <br />Pres dent, <br />EAPACResource Recovery Divislon, Inc. <br /> <br />Vice President, <br />EAPAG Resource Recovery Division, Inc. <br /> <br />I <br /> <br />/L ~7/~/ <br /> <br />l\'fq,vor, <br />City of San Marcos, Texas <br /> <br />~T:~ <br />' / 'I.. . <br />A' -;1(/.. .,h,cL <br /> <br />1;;.7Jm.D: . <br />~: <br /> <br />I <br />t <br />l <br />