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RES 221299
City of Pleasanton
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RES 221299
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7/14/2022 11:14:47 AM
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6/22/2022 11:32:12 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
PERMANENT
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City of Pleasanton Article 12. Other Agreements of the Parties <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 126 June 7, 2022 <br />12.8 Transition to Next Contractor 4523 <br />Prior to expiration or earlier termination of this Agreement, Contractor will cooperate with City and 4524 <br />subsequent Contractor(s) to assist in an orderly transition of services from Contractor to subsequent 4525 <br />contractor. Such cooperation will include, but not be limited to, Contractor providing route lists and 4526 <br />detailed Customer account and billing information. Contractor will not be obliged to sell Collection 4527 <br />vehicles, equipment, or facilities to the next Contractor; however, the City has rights to ownership of 4528 <br />Containers pursuant to Section 5.16.4. Depending on Contractor's circumstances at the point of 4529 <br />transition, the Contractor at its option may enter into negotiations with the next Contractor to sell (in part 4530 <br />or all) Collection vehicles, and other equipment or facilities. 4531 <br />In connection therewith, Contractor acknowledges that the provisions of Public Resources Code Sections 4532 <br />49520-49523 have no application to this Agreement and agrees, to the extent such sections may have 4533 <br />application, to waive whatever rights they may afford. 4534 <br />12.9 Parties in Interest 4535 <br />Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons 4536 <br />other than the Parties to it and their representatives, successors, and permitted assigns. 4537 <br />12.10 Waiver 4538 <br />The waiver by either Party of any breach or violation of any provisions of this Agreement shall not be 4539 <br />deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or 4540 <br />violation of the same or any other provision. The subsequent acceptance by either Party of any monies 4541 <br />which become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach 4542 <br />or violation by the other Party of any provision of this Agreement. 4543 <br />12.11 Contractor's Investigation 4544 <br />The Contractor has made an independent investigation (satisfactory to it) of the conditions and 4545 <br />circumstances surrounding the Agreement and the work to be performed by it. 4546 <br />12.12 Notice 4547 <br />All notices, demands, requests, proposals, approvals, consents, and other communications which this 4548 <br />Agreement requires, authorizes, or contemplates, except as provided in Section 10.1, shall be in writing 4549 <br />and shall either be personally delivered to a representative of the Parties at the address below or 4550 <br />deposited in the United States mail, first class postage prepaid, addressed as follows: 4551 <br />If to City: 4552 <br />City Manager 4553 <br />City of Pleasanton 4554 <br />123 Main Street 4555 <br />Pleasanton, CA 94566 4556 <br /> 4557
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