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2. The transfer does not create an anti-trust situation in the local refuse hauling <br /> industry that is contrary to the public interest of the residents of Elk River; <br /> and <br /> 3. Any proposed transferee, by instrument in writing satisfactory to the City, <br /> for itself and its successors and assigns,has expressly assumed all of the <br /> obligations of service under this Agreement and agreed to be subject to all <br /> the conditions and restrictions to which service is subject. It is the intent of <br /> this Section VII, together with other provisions of this Agreement, that (to <br /> the fullest extent permitted by law and equity and excepting only in the <br /> manner and to the extent specifically provided otherwise in this Agreement) <br /> no transfer of, or any interest therein, however consummated or occurring, <br /> whether voluntary or involuntary, shall operate, legally or practically, to <br /> deprive or limit the City of or with respect to any rights or remedies or <br /> controls provided in or resulting from this Agreement; and <br /> 4. There shall be submitted to the City for review all instruments and other <br /> legal documents involved in effecting such transfer, and if approved by the <br /> City, its approval shall be indicated to the Contractor in writing. The <br /> proposed transferee shall submit to the City for review all bonds, insurance <br /> policies, and any and all other documents required by this Agreement, and <br /> if approved by the City, its approval shall be indicated to the proposed <br /> transferee in writing. <br /> VIII. Payment of Subcontractors and Employees. <br /> The Contractor shall promptly pay all persons doing work or furnishing skills, <br /> tools, machinery, or materials or insurance premiums or equipment or supplies and <br /> all just claims for such work,material, equipment, insurance, and supplies in and <br /> above the performance of this Agreement. <br /> IX. Termination of Agreement <br /> A. This Agreement may be terminated only: <br /> 1. By written Agreement by the parties; or <br /> 2. If the City determines that the Contractor is in violation of the terms of this <br /> Agreement, a written notice will be sent to the Contractor allowing ten (10) <br /> days to comply. Failure by the Contractor to comply within the 10 day cure <br /> period will result in cause for the City to immediately terminate this <br /> Agreement by written notice to the Contractor. <br /> 3. If the Contractor fails to fulfill any of the provisions of this Agreement, the <br /> City Administrator shall be authorized to hire such personnel or equipment, <br /> 10 <br />