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Agmt87 Browning Ferris BFI
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Agmt87 Browning Ferris BFI
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Last modified
7/5/2005 2:34:35 PM
Creation date
1/12/2004 11:49:31 AM
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Template:
Agreement
Contractor Name
Browning Ferris BFI
PROJECT NAME
South Bayside Transfer Station Authority Franchise
RMP File Number
702-02 bin 12
Date
9/28/1988
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~ES:djk 08/31/87R <br /> <br />aforesaid resolution, the Emergency Condition shall be deemed to <br />have ceased. Inaction by any such governing body within the <br />15-day period shall be deemed concurrence by such agency. <br /> <br /> (b) Resumption of Service. Upon the declaration of <br />cessation of the Emergency Condition, the Emergency Operator <br />shall return to Company its vehicles, equipment, and other <br />facilities acquired and used by it under Section 9.4. Further, <br />upon the declaration of cessation of the Emergency Condition, and <br />unless Agency has terminated this agreement pursuant to Section <br />9.7, Company shall recommence its operations hereunder and shall <br />perform all of its duties and obligations in accordance with the <br />provisions hereof, and shall be entitled to all of its rights <br />hereunder, including accrual of revenues for its benefit, from <br />and after the date upon which the Emergency Condition shall be <br />deemed to have ceased. <br /> <br /> (c) Limitation. Notwithstanding anything herein contained <br />to the contrary, no Emergency Condition shall exist for more than <br />180 consecutive days. Upon the expiration of said 180 days, and <br />unless the Emergency Condition has ceased prior thereto, this <br />agreement shall terminate. In the event of such termination no <br />rights shall accrue to Company under this agreement from and <br />after the date of termination. <br /> <br /> Section 9.7. Agency Termination of Agreement. <br /> Notwithstanding the provisions of Section 9.6, if, upon the <br /> cessation of the Emergency Condition, Agency's Governing Body <br /> determines (irrespective of contrary determinations by Authority <br /> or other member agencies of Authority) that Company is not <br /> substantially able to perform its duties and obligations <br /> <br /> 44 <br /> <br /> <br />
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