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<br />1 <br />2 <br /> <br />6. <br /> <br />Performance Bond. The Contractor shall have delivered a Performance <br />Bond meeting the requirements of Section 10.03. <br /> <br />3 <br />4 <br /> <br />The Authority may, in its sole discretion, waive the satisfaction of conditions <br />described in paragraphs 1, 2, 5 and 6 of this Section. <br /> <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br /> <br />11 <br />12 <br /> <br />B. The obligation of Contractor to perform under this Agreement is subject to <br />satisfaction, on or before the Effective Date, of the following condition, which may <br />be waived by Contractor: <br /> <br />1. Contract with Eauipment Manufacturer. Authority shall have entered into a <br />contract with Bulk Handling Systems for the fabrication, delivery, installation <br />and warranty service of the equipment described in Attachment 2-A. <br /> <br />If this condition is not satisfied or waived by Contractor by the Effective Date, this <br />Agreement shall be void and have no force or effect. <br /> <br />Operating Agreement !or Shoreway Center <br /> <br />Page - 5 - <br /> <br />7/30/09 <br />