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4.11. SR 12-21-2015
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4.11. SR 12-21-2015
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12/18/2015 12:08:20 PM
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12/18/2015 11:37:19 AM
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City Government
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SR
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12/21/2015
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i <br /> V1. TERMINATION <br /> A. Termination. The parties may terminate this Agreement as follows: <br /> 1. Either party may terminate this Agreement by providing notice to the <br /> other party if the other party commits a material breach of this Agreement, <br /> and the breach is not cured within 30 days after receipt of notice from the <br /> party not in breach, stating the nature of the breach. <br /> 2. Either party may terminate this Agreement by providing notice to the <br /> other party in the event of any proceedings, voluntary or involuntary, in <br /> bankruptcy or insolvency by or against the other party, or the appointment <br /> with or without such other party's consent of an assignee for the benefit of <br /> creditors or of a receiver for such other party, or the going into liquidation <br /> voluntarily or otherwise for the making of a composition with creditors of <br /> such other party. <br /> 3. GRE may terminate this Agreement by providing sixty (60) days advance <br /> written notice to the Hauler in the event of the early termination of a New <br /> Service Agreement with one of the Counties. <br /> 4. Beginning January 1, 2015 and continuing on January 1 of each year <br /> thereafter during the Term of this Agreement, in the event the Hauler has <br /> experienced for the preceding calendar year a decrease of greater than <br /> fifteen percent (15%) as compared to the calendar year preceding the <br /> preceding calendar year in (i) the aggregate tonnage of MSW picked up in <br /> Anoka and Sherburne counties, or (u) its residential pricing for MSW <br /> originating in Anoka or Sherburne County due to the effects of a new <br /> entrant in the relevant hauling market, the Hauler may terminate this <br /> Agreement by providing one hundred eighty (180) days advance written <br /> notice to GRE together with appropriate documentation evidencing the <br /> applicable decrease in MSW tons or revenue. <br /> 5. The Hauler may terminate this Agreement upon ninety (90) days prior <br /> written notice in the event of the early termination of the Hauler Rebates <br /> (earlier than the schedule described in Appendix A) or at the expiration of <br /> the Hauler Rebates on December 31, 2012. Notwithstanding the foregoing, <br /> within thirty (30) days after receipt of the written notice described above, <br /> GRE shall have shall have the right to reduce the Tipping Fee by the <br /> amount of the applicable Hauler Rebate, in which case this Agreement <br /> shall not terminate and the terms of this Agreement shall continue in full <br /> force and effect with such adjusted Tipping pee. <br /> 6. Beginning January 1, 2015 and continuing on January 1 of each year <br /> thereafter during the Term of this Agreement, in the event the Hauler has <br /> -7 - <br />
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