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Agmt05 BFI Waste Systems
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Agmt05 BFI Waste Systems
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Last modified
10/12/2006 8:37:35 AM
Creation date
9/7/2005 11:59:22 AM
Metadata
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Template:
Agreement
Contractor Name
BFI Waste Water Systems
PROJECT NAME
franchise collection services
RMP File Number
Ord 2280
Date
9/7/2005
Reso Ref
13844
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<br /> Exhibit G <br /> PERFORMANCE GUARANTY <br /> Guaranty ~ ~ . <br /> THIS GUARANTY (the "Guaranty) is given as of the~ day of _ <br /> 2005. <br /> THIS GUARANTY is made with reference to the following facts and <br /> circumstances: <br /> A. BPI Waste Systems of North America, Inc. ,hereinafter ("Owner") <br /> is a corporation organized under the laws of the State of Delaware, <br /> all of the issued and outstanding stock of which is owned by <br /> Browning-Ferris Industries, LLC, which is owned by Allied Waste <br /> North America, Inc. (Guarantor). <br /> B. Owner and the Agency have negotiated an Agreement for Solid <br /> Waste, Recyclable Materials, Commercial Organic Materials and Plant Materials <br /> Collection Services dated as of ~<:C~ , '\, (hereinafter" Agreement"). A <br /> copy of this Agreement is attached he~~ <br /> C. It is a requirement of the Agreement, and a condition to the Agency <br /> entering into the Agreement, that Guarantor guaranty Owner's performance of <br /> the Agreement. <br /> D. Guarantor is providing this Guaranty to induce the Agency to enter <br /> into the Agreement. <br /> NOW, THEREFORE, in consideration of the foregoing, Guarantor agrees as <br /> follows: <br /> A. Guaranty of the Agreement. Guarantor hereby irrevocably and <br /> unconditionally guarantees to the Agency the complete and timely performance, <br /> satisfaction and observation by Owner of each and every term and condition of <br /> the Agreement which Owner is required to perform, satisfy or observe. In the <br /> event that Owner fails to perform, satisfy or observe any of the terms and <br /> conditions of the Agreement, Guarantor will promptly and fully perform, satisfy <br /> or observe them in the place of the Owner or cause them to be performed, <br /> satisfied or observed. Guarantor hereby guarantees payment to the Agency of <br /> any damages, costs or expenses which might become recoverable by the Agency <br /> from Owner due to its breach of the Agreement. <br />
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