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4049 ARTICLE 12 4050 AGENCY RIGHT TO USE EQUIPMENT AND 4051 FACILITIES 4052 12.01 PURPOSE 4053 The Parties recognize (i) that frequent and continuous collection of Solid Waste, 4054 Targeted Recyclable Materials, and Organic Materials is an essential public service and 4055 an important element of public health in developed communities such as Agency, and (ii) 4056 that even a temporary interruption in the Collection and transport services entrusted to 4057 Contractor may threaten the public health and safety, as well as causing serious 4058 financial harm to business operations in the Agency. 4059 The purpose of this Article is to provide the Agency the ability to respond to such threats 4060 to the public health, safety, and welfare by making use of Contractor's Facilities and 4061 equipment. This Article applies to any interruption of services, regardless of whether or 4062 not Contractor's failure to perform is excused under Section 14.09. 4063 12.02 CONDITIONS AUTHORIZING AGENCY'S RIGHT TO USE OF FACILITIES AND 4064 EQUIPMENT 4065 If Contractor, for any reason, fails, refuses or is unable to Collect Solid Waste, Targeted 4066 Recyclable Materials, and Organic Materials at the times and in the manner required by 4067 this Agreement, and transport them to the Designated Transfer and Processing Facility, 4068 for more than two (2) Business Days, Agency may invoke this Article. Agency shall 4069 provide Contractor written notice that it intends to consider invoking this Article at a 4070 public meeting of its governing body, to be held two (2) or more Business Days from the 4071 date of the notice. 4072 At the meeting, the governing body may invoke its rights under this Article if it 4073 determines that there has been an interruption in Collection service and that such 4074 interruption may continue, thereby threatening the public health, safety and welfare. If 4075 the governing body makes that determination, it may also determine to exercise the 4076 Agency's right to (i) perform Collection and transport services with its own personnel 4077 and/or those of other Member Agencies which have invoked this right under their 4078 Franchise Agreements with Contractor or authorize a third party to do so, and (ii) take 4079 possession of any of Contractor's property, including vehicles and other equipment used 4080 or useful in providing such services or in the Billing and collection of Rates billed for such 4081 services (collectively "Properties"). 4082 12.03 NOTICE TO CONTRACTOR 4083 Agency shall deliver written notice to Contractor of its determination to exercise its right 4084 to provide Collection services and to make use of Contractor's Properties to do so. 4085 Upon receipt of the notice, Contractor shall immediately take all steps necessary to 4086 make available to Agency any of its vehicles and equipment that are requested by 4087 Agency. Contractor shall also cooperate in any other way requested by Agency to assist 4088 Agency in providing Collection services on a temporary basis. REV: 03-16-18 MI Page 99 of 126 ATTY/AGR.2018.054/Recology of San Mateo