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i <br /> claims for such work, material, equipment, insurance, and supplies in and above the <br /> performance of this Agreement. <br /> 9. Termination <br /> a. This Agreement may be terminated only: <br /> i. By written Agreement by the parties; or <br /> ii. By the City if the City determines that the Contractor is in <br /> violation of the terms of this Agreement. In this instance, a <br /> written notice will be sent with the Contractor allowing ten <br /> (10) days to comply. Failure by the Contractor to comply with <br /> 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 CITY OF ELK RIVER <br /> By: By: <br /> John J. Dietz <br /> 13 <br />