Alternative Service. Should Contractor, for any reason, except the occurrence or existence of any of the events or conditions set forth in Section 23.06 [Uncontrollable Circumstances], refuse or be unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City will have the right to Agreement with another Solid Waste enterprise to Collect any or all Solid Waste which Contractor is obligated to Collect pursuant to this Contract. City must provide twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor would otherwise collect pursuant to this Agreement for the duration of period during which Contractor is unable to provide such services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from which such substitute Solid Waste services are immediately available and must reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide Collection services required by this Agreement.
Appears in 1 contract
Sources: Collection Services Agreement
Alternative Service. Should ContractorCONTRACTOR, for any reason, except the occurrence or existence of any of the events or conditions set forth in Section 23.06 [Uncontrollable Circumstances]14.06, refuse or be unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City CITY to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City CITY will have the right to Agreement contract with another Solid Waste enterprise to Collect any or all Solid Waste which Contractor CONTRACTOR is obligated to Collect pursuant to this ContractAGREEMENT. City CITY must provide twenty-four (24) hours prior written notice to Contractor CONTRACTOR during the period of such eventemergency, before contracting with another Solid Waste enterprise to Collect any or all Solid Waste that Contractor which CONTRACTOR would otherwise collect pursuant to this Agreement for the duration of period during which Contractor CONTRACTOR is unable to provide such services. In such event, Contractor CONTRACTOR must undertake commercially reasonable efforts to identify sources from which such substitute Solid Waste services are immediately available available, and must reimburse City CITY for all of its expenses for such substitute services during the period in which Contractor CONTRACTOR is unable to provide Collection services required by this Agreement.
Appears in 1 contract
Sources: Collection Services Agreement
Alternative Service. Should Contractor, for any reason, except the occurrence or existence of any of the events or conditions set forth in Section 23.06 [Uncontrollable Circumstances], refuse or be unable for a period of more than forty-eight (48) hours, to Collect a material portion or all of the Solid Waste which it is obligated under this Agreement to Collect, and as a result, Solid Waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager, in the reasonable exercise of the City Manager's discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City will have the right to Agreement contract with another Solid Waste enterprise to Collect any or all Solid Waste which Contractor is obligated to Collect pursuant to this ContractAgreement. City must provide twenty-four (24) hours prior written notice to Contractor during the period of such event, before contracting with another Solid Waste enterprise to Collect any or all Solid Waste that which Contractor would otherwise collect pursuant to this Agreement for the duration of period during which Contractor is unable to provide such services. In such event, Contractor must undertake commercially reasonable efforts to identify sources from which such substitute Solid Waste services are immediately available and must reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide Collection services required by this Agreement.
Appears in 1 contract
Sources: Collection Services Agreement