Agmt05 BFI Waste Systems - Laserfiche WebLink

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1 Under no circumstances shall Agency be obligated to consider any proposed 2 assignment by Agency if Contractor is in default at any time during the period of 3 consideration. 4 5 12.06 Binding on Assigns. The provisions of this Agreement shall inure to the 6 benefit to and be binding on the permitted assigns of the parties. 7 8 12.07 Mfiliated Companies. Contractor shall maintain accounting records and 9 financial statements on a basis showing the results of Contractor's operations under this 10 Agreement separately from operations in other locations, as if Contractor were an 11 independent entity providing service only to Agency. For purposes of this Agreement, 12 the costs and revenues associated with providing service to Agency shall not be 13 combined, consolidated or in any other way incorporated with those of other 14 operations conducted by Contractor in other locations, or with those of an Affiliate. 15 16 If Contractor enters into any financial transactions with a Related Party Entity or 17 Affiliate for the provision of labor, equipment, supplies, services, capital, etc., related to 18 the furnishing of service under this Agreement, that relationship shall be disclosed to 19 Agency, and in the financial reports submitted to Agency. In such event, Agency's 20 rights to inspect records, and obtain financial data shall extend to such Related Party 21 Entity or entities. 22 23 12.08 Subcontracting. Contractor shall not engage any subcontractors for 24 Collection or Disposal of Solid Waste without the prior written consent of Agency. 25 26 12.09 Transition to Next Contractor. If the transition of services to another 27 Contractor occurs through expiration of term, default and termination, or otherwise, 28 Contractor will cooperate with Agency and subsequent Contractor(s) to assist in an 29 orderly transition which will include Contractor providing route lists and billing 30 information. Contractor will not be obliged to sell Collection vehicles, bins and 31 Containers to the next Contractor. Depending on Contractor's circumstances at the 32 point of transition, Contractor at its option may enter into negotiations with the next 33 Contractor to sell (in part or all) Collection vehicles, bins and Containers. 34 35 12.10 Parties in Interest. Nothing in this Agreement, whether express or 36 implied, is intended to confer any rights on any Persons other than the parties to it and 37 their representatives, successors and permitted assigns. 38 39 12.11 Waiver. The waiver by either party of any breach or violation of any 40 provisions of this Agreement shall not be deemed to be a waiver of any breach or 41 violation of any other provision nor of any subsequent breach of violation of the same 42 or any other provision. The subsequent acceptance by either party of any monies which 43 become due hereunder shall not be deemed to be a waiver of any pre-existing or 44 concurrent breach or violation by the other party of any provision of this Agreement. Attyj Agrj2005.022 060205 -66-