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City of Pleasanton Article 3. Term of Agreement Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 20 June 7, 2022 ARTICLE 3. TERM OF AGREEMENT 643 3.1 Effective Date and Commencement Date 644 The Effective Date of this Agreement shall be the date the latter of the two Parties signs the amended 645 Agreement provided that City Council has taken action approving this Agreement and no restraining order 646 of any kind has been issued. 647 The Commencement Date of this Agreement shall be July 1, 2018, and shall be the date Contractor 648 commenced providing Collection, Transportation, and Processing services and all other obligations 649 described by the original Agreement between the Parties. 650 The Amendment Commencement Date of this Agreement shall be July 1, 2022, and shall be the date 651 Contractor commences to provide all services and obligations described by this Agreement, as amended. 652 During the time between the Effective Date and Amendment Commencement Date, Contractor shall 653 continue to perform all services in effect as of the Commencement Date, and shall perform any and all 654 activities necessary to prepare itself to start Collection, Transportation, and Processing services and all 655 other obligations required by this amended Agreement on the Amendment Commencement Date. 656 3.2 Conditions to Effectiveness of Agreement 657 The obligation of City to permit this Agreement to become effective and to perform its undertakings 658 provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, 659 each of which may be waived in whole or in part by City. 660 3.2.1 Accuracy of Representations 661 The representations and warranties made in Article 2 of this Agreement are true and correct on and as of 662 the Effective Date. 663 3.2.2 Absence of Litigation 664 There is no litigation pending on the Effective Date in any court challenging the award or execution of this 665 Agreement or seeking to restrain or enjoin its performance. 666 3.2.3 Furnishings of Insurance and Bond 667 Contractor has furnished evidence of the insurance required by Section 9.5 that is satisfactory to the City; 668 provided evidence of its ability to secure the performance bond required by Section 9.6 that will be 669 effective on the Commencement Date of the Agreement. 670 3.2.4 Secretary’s Certification 671 Exhibit J of this Agreement shall have been signed by the secretary of the Contractor and identifies the 672 name of the Contractor’s representative that is authorized to execute this Agreement. 673