Agmt05 BFI Waste Systems - Laserfiche WebLink

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1 B. Contractor Representatives. Contractor shall, by the effective date, 2 designate in writing a responsible officer who shall serve as the representative of 3 Contractor in all matters related to the Agreement and shall inform Agency Manager in 4 writing of such designation and of any limitations upon his or her authority to bind 5 Contractor . Agency Manager may rely upon action taken by such designated 6 representative as actions of Contractor unless they are outside the scope of the - 7 Contractor delegated to him/her by Contractor as communicated to Agency. 8 9 10 12.15 Agency Free to Negotiate with Third Parties. Agency may investigate all 11 options for the Collection and processing of Solid Waste after the expiration of the 12 Term. Without limiting the generality of the foregoing, Agency may solicit proposals 13 from Contractor and from third parties for the provision of services, and any 14 combination thereof, and may negotiate and execute agreements for such services 15 which will take effect upon the expiration or earlier termination under Section 11.01 of 16 this Agreement. 17 18 12.16 Compliance with Agency Codes. Contractor shall comply with those 19 provisions of the ordinances and municipal codes of the Agency which are applicable, 20 and with any and all amendments to such applicable provisions during the term of this 21 Agreement provided, however, that if a change in any such municipal code materially 22 affects Contractor's annual cost of operations, the Contractor shall be entitled to an 23 interim compensation adjustment as provided for in Section 6.06. Moreover, no such 24 change may revoke or override the grant of the exclusive franchise to Contractor in 25 Section 2.1 of this Agreement or override the Contractor's designations of a MRF and 26 Disposal Site pursuant to this Agreement. 27 28 12.17 Privacy. Contractor shall strictly observe and protect the rights of privacy 29 of service recipients. Information identifying individual service recipients or the 30 composition or contents of a service recipient's waste stream shall not be revealed to 31 any Person, governmental unit, private agency, or Contractor, unless upon the 32 authority of a court of law, by statute, or upon valid authorization of the service 33 recipient. This provision shall not be construed to preclude Contractor from preparing, 34 participating in, or assisting in the preparation of waste characterization studies or 35 waste stream analyses which may be required by AB 939. 36 37 12.18 Guaranty of Contractor's Performance. Pursuant to a guaranty in 38 substantially the form attached as Exhibit G, Browning-Ferrislndustries, LLC a limited 39 liability company duly organized and existing in good standing under the laws of the 40 State of Delaware, has agreed to guarantee Contractor's performance of this Agreement. 41 The Guaranty is being provided concurrently with Contractor's execution of this 42 Agreement 43 Attyj Agrj2005.022 060205 -68-