Agmt10 Recology San Mateo County

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• • 4349 training, monitoring, and education to Multi- Family Dwelling and Commercial Customers 4350 during Rate Year One (2011). 4351 15.05 AFFILIATED ENTITY 4352 Contractor will not form or use any Affiliate to perform any of the services or activities 4353 which Contractor is required or allowed to perform under this Agreement, other than as a 4354 Subcontractor approved by Agency under Section 15.04. 4355 If Contractor enters into any financial transactions with an Affiliate for the provision of 4356 labor, equipment, supplies, services, or capital related to the furnishing of service under 4357 this Agreement, that relationship shall be disclosed to Agency, and in the financial 4358 reports submitted to Agency. In such event, Agency's rights to inspect records and 4359 obtain financial data shall extend to records and data of such Affiliate that are relevant to 4360 those specific financial transactions. 4361 15.06 CONTRACTOR'S INVESTIGATION 4362 Contractor has made an independent investigation, satisfactory to it, of the conditions 4363 and circumstances surrounding the Agreement and the work to be performed by it. 4364 Contractor has carefully reviewed the information in the Request for Proposals, and 4365 Addenda if any. Contractor has had the opportunity to inspect the Designated Transfer 4366 and Processing Facility and to review the permits governing its operation, as well as the 4367 Source Reduction and Recycling Element adopted by Agency. Contractor has taken 4368 such matters into consideration in agreeing to provide the services required by, for the 4369 compensation to be provided under, this Agreement. 4370 15.07 NO WARRANTY BY AGENCY 4371 While Agency believes that the information contained in the Request for Proposals is 4372 substantially correct, Agency makes no warranties in connection with this Agreement, 4373 including but not limited to the accuracy or completeness of the information contained in 4374 the Request for Proposals. 4375 15.08 CONDEMNATION 4376 Agency reserves the rights to acquire the Contractor's property utilized in the 4377 performance of this Agreement through the exercise of eminent domain. 4378 15.09 NOTICE 4379 All notices, demands, requests, proposals, approvals, consents and other 4380 communications which this Agreement requires, authorizes or contemplates shall, 4381 except as provided in Article 14, be in writing and shall either be personally delivered to 4382 a representative of the Parties at the address below or be deposited in the United States 4383 mail, first class postage prepaid, addressed as follows: 4384 If to Agency: 4385 City Manager, P.O. Box 391 4386 1017 Middlefield Road 4387 Redwood City, CA 94063 4388 If to Contractor: Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 109 of 115