Agdapkt 2010-12-06 clsd and regular

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6.3A Page 58 1 12.05 AFFILIATED ENTITY � 2 Contractor will not form or use any Affiliate to perform any of the services or activities 3 which Contractor is required or allowed to perform under this Agreement, other than as a 4 subcontractor approved by Authority under Section 12.04. ' 5 If Contractor enters into any financial transactions with an Affiliate for the provision of 6 labor, equipment, supplies, services, or capital related to the furnishing of service under 7 this Agreement, or for the purchase of Recyclable Materials, that relationship shall be 8 disclosed to Authority, and in the financial reports submitted to Authority. In such event, 9 Authority's rights to inspect records and obtain financial data shall extend to such 10 Affiliate. 11 12.06 CONTRACTOR'S INVESTIGATION 12 Contractor has made an independent investigation, satisfactory to it, of the conditions 13 and circumstances surrounding the Agreement and the work to be performed by it. 14 Contractor has carefully reviewed the information in the Request for Proposals, and 15 Addenda if any. Contractor has had the opportunity to inspect the Shoreway Center to 16 review the permits governing its operation and the Authority's pfans for its expansion and 17 reconstruction. Contractor has had the opportunity to inspect the Designated Disposal 18 Site, as well as the processing facilities which currently process materials from the 19 Shoreway Center, and the contracts between the Authority and the owners/operators of 20 each. Contractor has also had the opportunity to review audited financial statements of 21 the current operator of the Shoreway Center. Contractor has taken such matters into 22 consideration in agreeing to provide the services required by, for the compensation to be 23 provided under, this Agreement. 24 12.07 NO WARRANTY BY AUTHORITY 25 While Authority believes that the information contained in the Request for Proposals is 26 substantially correct, Authority makes no warranties in connection with this Agreement, 27 including but not limited to the accuracy or completeness of the information contained in 28 the Request for Proposals. The Authority expressly disclaims any warranties, express or 29 implied, as to the merchantability or fitness for any particular purpose of Recyclable 30 Materials delivered to the Shoreway Center. 31 12.08 CONDEMNATION 32 Authority reserves the rights to acquire the Contractor's property utilized in the 33 performance of this Agreement through the exercise of eminent domain. 34 12.08 NOTICE 35 All notices, demands, requests, proposals, approvals, consents and other 36 communications which this Agreement requires, authorizes or contemplates shall, 37 except as provided in Section 11.02, be in writing and shall either be personally 38 delivered to a representative of the parties at the address below or be deposited in the 39 United States mail, �rst class postage prepaid, addressed as follows: 40 If to Authority: South Bayside Waste Management Authority 41 610 Elm Street, Suite 202 42 San Carlos, CA 94070 43 Attention: Executive Director Operating Agreement for Shoreway Center Page - 49 - 7/30/09