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this Agreement will result in cause for the City to terminate <br />this Agreement by written notice to the Contractor. <br />iii. By the City, if more than five (5) complaints regarding <br />Contractors performance under this Agreement are received in <br />one (1) month. In this instance, Contractor will be put on <br />probation for six (6) months. If any complaints additional <br />complaint is received during the six month probation period, <br />this Agreement may be terminated by the City upon written <br />notice to the Contractor. <br />b. Upon termination of this Agreement: <br />i. Contractor shall discontinue providing collection service on the <br />date specified in the written Agreement to terminate or the <br />City's notice to Contractor of termination; and <br />ii. Contractor shall transfer all records, pick up their containers <br />c. If the Contractor fails to fulfill any of the provisions of this <br />Agreement, the City shall be authorized to fulfill the Contractor's <br />obligation under this Agreement and may hire such personnel, or <br />assign City employees and equipment, as may be necessary to do so. <br />The City's costs to fulfill the Contractors obligations under this <br />Agreement shall be the responsibility of the Contractor, shall be <br />charged to the Contractor, and may be deducted from any monies due <br />the Contractor, or may be collected from the Contractor. <br />10. Entire Agreement <br />This Agreement including Attachments A, B, and C, incorporated herein by reference, is <br />the entire agreement between the parties. No modification of this Agreement shall be <br />valid or effective unless made in writing and signed by the parties hereto. <br />IN WITNESS WHEREOF, the City of Elk River and Allied Waste Services have executed this Agreement the <br />day and year written below. <br />Allied Waste Services <br />Its <br />Date <br />CITY OF ELK RIVER <br />By: <br />John J. Dietz <br />Its: Mayor <br />By: <br />Tina Allard <br />Its: City Clerk <br />Date: <br />13 <br />