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Agmt96 Browning Ferris BFI
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Agmt96 Browning Ferris BFI
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Last modified
7/5/2005 2:40:35 PM
Creation date
1/12/2004 12:12:10 PM
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Template:
Agreement
Contractor Name
Browning Ferris Industries BFI
PROJECT NAME
franchise agreement
RMP File Number
100 bin 12
Date
1/1/1997
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1 written notice of the violation or, if Company cannot reasonably correct or <br />2 remedy the breach within the time set forth in such notice, if Company <br />3 should fail to commence to correct or remedy such violation within the time <br />4 set forth in such notice and diligently effect such correction or remedy <br />5 thereafter. <br />6 H. False or Misleading Statements. Any representation or disclosure made to <br />7 Agency by Company in connection with or as an inducement to entering into <br />8 this Agreement, or any future amendment to this Agreement, which proves <br />9 to be false or misleading in any .material respect as of the time such <br />10 representation or disclosure is made, whether or not any such representation <br />11 or disclosure appears as part of this Agreement. <br />12 I. Attachment. There is a seizure of, attachment of, or levy on, the operating <br />13 equipment of Company, including without limits its equipment, maintenance <br />14 or office facilities,.or any part thereof. <br />15 J. Suspension or Termination of Service. There is any termination or <br />16 suspension of the transaction of business by Company, including without <br />17 limit, due to labor unrest including strike, work stoppage or slowdown, sick- <br />18 out, picketing, or other concerted job action lasting more than five (5) <br />19 working days. <br />20 K. Breach of this Agreement. There is a breach of any material obligation of the <br />21 Company under this Agreement. <br />22 Company shall be given forty-eight (48) hours from notification by Agency to <br />23 cure any default arising under subsections E, F, I, and J provided, however, that <br />24 Agency shall not be obligated to provide Company with a notice and an <br />25 opportunity if Company has committed same or similar breach within a twenty- <br />26 four (24) month period. <br /> <br />27 10.2 Ri_eht to Terminate Upon Default <br />28 Upon a default by Company, Agency shall have the right to terminate this <br />29 Agreement upon thirty (30) working days notice, but without the need for any <br />30 hearing, suit, or legal action. This right of termination is in addition to any other <br />31 rights of Agency upon a failure of Company to perform its obligations under this <br />32 Agreement. <br />33 Agency's right to temtinate this Agreement and to take possession of Company's <br />34 facility are not exclusive, and Agency's termination of this Agreement shall not <br />35 constitute an election of remedies. Instead, they shall be in addition to any and <br />36 all other legal and equitable rights and remedies which Agency may have. <br /> <br /> Page54 8/2/96 <br /> <br /> <br />
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