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9. Termination. This Agreement may be terminated only by one of the following: <br />a. By written agreement by the parties. <br />b. By either party if the other pariy is in violation of the terms of this Agreement. <br />In this instance, a written notice will be sent to the non-breaching party <br />allowing ten (10) days to comply. Failure to comply with this Agreement will <br />result in cause for the nonbreaching party to terminate this Agreement by <br />written notice to the other party. <br />c. By the City, if more than five (5) complaints regarding Contractor's <br />performance under this Agreement are received in one (1) month. In this <br />instance, Contractor will be put on probation for six (6) months. If any <br />additional complaints are received during the six-month probation period, this <br />Agreement may be ternunated by the City upon written notice to the <br />Contractor. <br />10. Upon termination of this Agreement, Contractor shall discontinue providing collection <br />service on the date specified in the written Agreement to terminate or the City's notice to <br />Contractor of termination; and Contactor shall transfer all records to the City and pick up <br />their containers. If the Contractor fails to fulfill any of the provisions of this Agreement, <br />the City shall be authorized to fulfill the Contractor's obligation under this Agreement and <br />may hire such personnel, or assign City employees and equipment, as may be necessary <br />to do so. The City's costs to fulfill the Contractor's obligations under this Agreement shall <br />be the responsibility of the Contractor, shall be charged to the Contractor, and may be <br />deducted from any monies due the Contractor, or may be collected from the Contractor. <br />11. Entire Agreement. This Agreement including Attachments A, B, and C, incorporated <br />herein by reference, is the entire agreement between the parties. No modification of this <br />Agreement shall be valid or effective unless made in writing and signed by the parties <br />hereto. <br />Remainder of page intentionally left blank. <br />Signature pages follow. <br />15 <br />zzii22�2 <br />