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117 material misstatement of fact and does not omit any fact necessary to prevent the 118 information provided from being materially misleading. 119 2.07 ABILITY TO PERFORM 120 Contractor has the expertise and professional and technical capability to perform all of 121 its obligations under this Agreement. 122 2.08 CONTRACTOR'S INVESTIGATION 123 Contractor has made an independent investigation and analysis, the results of which are 124 satisfactory to Contractor, of the conditions and circumstances surrounding the 125 Agreement, its content and preparation, and the work to be performed by Contractor 126 under the Agreement. The Agreement accurately and fairly represents the intentions of 127 Contractor, and Contractor enters into this Agreement on the basis of that independent 128 investigation and analysis. 129 2.09 STATEMENTS AND INFORMATION IN PROPOSAL 130 The Contractor's "Proposal to Amend and Restate the Franchise Agreement for 131 Recyclables, Organics, and Solid Waste Collection Services", dated January 10, 2017, 132 and supplementary information submitted thereafter by the Contractor to the SBWMA 133 during the SBWMA's negotiation of a Model Amended and Restated Agreement do not 134 contain any untrue statement of a material fact nor omit to state a material fact 135 necessary in order to make the statements made, in light of the circumstances in which 136 they were made, not misleading. 137 2.10 IRAN CONTRACTING CERTIFICATION 138 Contractor hereby certifies that Contractor is not identified on a list created by the 139 California Department of General Services ("DGS") pursuant to California Public 140 Contract Code Section 2203 of the Iran Contracting Act of 2010 (the "ICA") as a Person 141 engaging in investment activities in Iran described in Section 2202.5(a) of the ICA, or as 142 a person described in Section 2202.5(b) of the ICA, as applicable. Contractor hereby 143 certifies that Contractor is not a financial institution that extends twenty million dollars 144 ($20,000,000) or more in credit to another Person, for forty-five (45) Days or more, if that 145 Person will use the credit to provide goods or services in the energy sector in Iran and is 146 identified on the DGS list made pursuant to Section 2203(b). 147 As used in this Section 2.10, "Person" shall mean a "Person" as defined in California 148 Public Contract Code Section 2202(e). 149 REV: 03-16-18 MI ATTY/AGR.2018.054/Recology of San Mateo Page 5 of 126