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• • <br /> 4307 writ of attachment for an execution being levied against this Agreement, <br /> 4308 appointment of a receiver taking possession of Contractor's property, or transfer <br /> 4309 occurring in the event of a probate proceeding; and (v) any combination of the <br /> 4310 foregoing (whether or not in related or contemporaneous transactions) which has <br /> 4311 the effect of any such transfer or change of ownership, or change of control of <br /> 4312 Contractor. <br /> 4313 C. Consent Requirements. If Contractor requests Agency's consideration of and <br /> 4314 consent to an assignment, Agency may deny or approve such request in its <br /> 4315 complete discretion. No request by Contractor for consent to an assignment need <br /> 4316 be considered by Agency unless and until Contractor has met the following <br /> 4317 requirements: <br /> 4318 1. Contractor shall pay Agency its reasonable expenses for attorneys' fees and <br /> 4319 investigation costs necessary to investigate the suitability of any proposed <br /> 4320 assignee, and to review and finalize any documentation required as a condition <br /> 4321 for approving any such assignment; <br /> 4322 2. Contractor shall furnish Agency with audited financial statements of the proposed <br /> 4323 assignee's operations for the immediately preceding three (3) operating years; <br /> 4324 3. Contractor shall furnish Agency with satisfactory proof: (i) that the proposed <br /> 4325 assignee has at least ten (10) years of Solid Waste /Recycling management <br /> 4326 experience on a scale equal to or exceeding the scale of operations conducted <br /> 4327 by Contractor under this Agreement; (ii) that in the last five (5) years, the <br /> 4328 proposed assignee has not been the subject of any administrative or judicial <br /> 4329 proceedings initiated by a federal, State or local agency having jurisdiction over <br /> 4330 its operations due to an alleged failure to comply with federal, State or local laws <br /> 4331 or that the proposed assignee has provided Agency with a complete list of such <br /> 4332 proceedings and their status; (iii) that the proposed assignee conducts its <br /> 4333 operations in a safe and environmentally conscientious manner, in accordance <br /> 4334 with sound Solid Waste management practices in full compliance with all federal, <br /> 4335 State and local laws regulating the Collection and Disposal of Solid Waste and all <br /> 4336 Environmental Laws; (iv) of any other information required by Agency to ensure <br /> 4337 the proposed assignee can fulfill the terms of this Agreement in a timely, safe <br /> 4338 and effective manner. <br /> 4339 D. No Obligation to Consider. Agency will not be obligated to consider a proposed <br /> 4340 assignment if Contractor is in default. <br /> 4341 15.04 SUBCONTRACTING <br /> 4342 Contractor shall not engage any Subcontractors to perform any of the services required <br /> 4343 of it by Articles 5 or 6 of this Agreement without the prior written consent of Agency. <br /> 4344 Contractor shall notify Agency no later than ninety (90) Days prior to the date on which it <br /> 4345 proposes to enter into a subcontract. Agency may approve or deny any such request at <br /> 4346 its sole discretion. As of the Effective Date, Contractor shall contract with a consultant at <br /> 4347 its sole expense, approved by Agency and SBWMA, for a minimum sum of $50,000 to <br /> 4348 provide additional outreach, diversion training, Organic Materials collection program <br /> Franchise Agreement for Collection Services with Recology San Mateo County <br /> City of Redwood City <br /> ATTY /AGR/2010.014 <br /> 040510 Page 108 of 115 <br />