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ATTACHMENT G <br />GUARANTY <br /> <br />REV: 03-16-18 MI <br />ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO ATTACHMENT G <br />Page 3 of 5 <br />obligations of Contractor guaranteed hereby, until such time as Agency receives payment <br />or performance in full of all such obligations. <br />4. Term. This Guaranty is not limited to any period of time, but shall continue <br />in full force and effect until all of the terms and conditions of the Agreement have been <br />fully performed by Contractor, and Guarantor shall remain fully responsible under this <br />Guaranty without regard to the acceptance by Agency of any performance bond or other <br />collateral to assure the performance of Contractor's obligations under the Agreement. <br />Guarantor shall not be released of its obligations hereunder so long as there is any claim <br />by Agency against Contractor arising out of the Agreement based on Contractor's failure <br />to perform which has not been settled or discharged. <br />5. No Waivers by Agency. No delay on the part of Agency in exercising any <br />rights under this Guaranty or failure to exercise such rights shall operate as a waiver of <br />such rights. No notice to or demand on Guarantor shall be a waiver of any obligation of <br />Guarantor or right of Agency to take other or further action without notice or demand. No <br />modification or waiver by Agency of any of the provisions of this Guaranty shall be effective <br />unless it is in writing and signed by Agency and by Guarantor, nor shall any waiver by <br />Agency be effective except in the specific instance or matter for which it is given. <br />6. Attorney's Fees. In addition to the amounts guaranteed under this <br />Guaranty, Guarantor agrees to pay actual attorney's fees and all other costs and expenses <br />incurred by Agency in enforcing this Guaranty, or in any action or proceeding arising out <br />of or relating to this Guaranty, including any action instituted to determine the respective <br />rights and obligations of the parties hereunder. <br />7. Governing Law; Jurisdiction. This Guaranty is and shall be deemed to <br />be a contract entered into in and pursuant to the laws of the State of California and shall <br />be governed and construed in accordance with the laws of California without regard to its <br />conflicts of laws rules for all purposes, including, but not limited to, matters of construction, <br />validity and performance. Guarantor agrees that any action brought by Agency to enforce <br />this Guaranty may be brought in any court of the State of California and Guarantor <br />consents to personal jurisdiction over it by such courts. Guarantor appoints the following <br />person as its agent for service of process in California: <br /> Michael J. Sangiacomo <br /> Recology Inc. <br /> 50 California Street, 24th Floor <br /> San Francisco, CA 94111 <br />8. Severability. If any portion of this Guaranty is held to be invalid or <br />unenforceable, such invalidity shall have no effect upon the remaining portions of this <br />Guaranty, which shall be severable and continue in full force and effect. <br />9. Binding on Successors. This Guaranty shall inure to the benefit of <br />Agency and its successors and shall be binding upon Guarantor and its successors, <br />including a successor entity formed by a merger or consolidation, a transferee of <br />substantially all of its assets, and its shareholders in the event of its dissolution or <br />insolvency. <br />6.2.B. - Page 180