BC 1993 11 01 - Laserfiche WebLink

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11. 12. 13. 14. 15. 16. 440 Automobile Property Damage occurrence Liability Excess Umbrella Liability occurrence $1,000,000 each $5,000,000 each To the extent permitted by law, all or any part of any required insurance coverages may be provided under a plan or plans of self-insurance. The coverages may be provided by BFI's parent corporation. BASIS AND METHOD OF PAYMENT 11.1 Rates 11.1.1 For the Collection Services required to be performed pursuant to Section 3.1, the charges shall be $2.06 per Residential Unit per month. 11.2 Modification to Rates 11.2.1 BFI may from time to time petition the County for increases in the rates to reflect increases in BFI's costs of operations or other costs beyond the control of BFI. The County agrees to consider any such petition in good faith and to either accept or reject the request within thirty (30) days after receipt. 11.2.2 Any service changes, i.e., increased frequency of collection, or changes in the type and quantity of materials collected, shall be performed by BFI only upon prior agreement with the COUNTY with respect to fees to be charged by BFI for such changes in service. 11.3 BFI Billings to COUNTY BFI shall bill the County for service rendered within ten (10) days following the end of the month and the COUNTY shall pay BFI on or before the fifteenth (15th) day following the end of such month. Such billing and payment shall be based on the rates set forth herein. TRANSFERABILITY OF CONTRACT Other than by operation of law, no assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by BFI without the express written consent of the COUNTY, which consent shall not be unreasonably withheld (except that BFI may assign this CONTRACT to a company controlled by or under common control with BFI); in the event of any assignment, the assignee shall assume the liability of BFI. EXCLUSIVE CONTRACT BFI shall have the sole and exclusive right, license and privilege to provide the Collection Services from Residential Units within the Collection Service Area. OWNERSHIP Title to Recyclable Materials that BFI has agreed to accept shall pass to BFI when placed in BFI's collection vehicle, removed by BFI from a Container, or removed by BFI from the Residential Unit, whichever last occurs. TERMINATION Except as otherwise provided herein, if either party breaches this contract or defaults in the performance of any of the covenants or conditions contained herein for thirty (30) days after the other party has given the party breaching or defaulting written notice of such breach or default, unless a longer period of time is required to cure such breach or default and the party breaching or defaulting shall have commenced to cure such breach or default within said period and pursues diligently to the completion thereof, the other party may: (i) terminate this Contract as of any date which the said other party may select provided said date is at least thirty (30) days after the thirty (30) days in which to cure or commence curing; (ii) cure the breach or default at the expense of the breaching or defaulting party; and /or (iii) have recourse to any other right or remedy to which it may be entitled by all, including but not limited to, the right for all damage or loss suffered as a result of such termination. In the event either party waives default by the other party, such waiver shall not be construed or determined to be a continuing waiver of the same or any subsequent breach or default. NOTICE A letter addressed and sent by certified United States mail to either party at the business address specified shall be sufficient notice whenever required for any purpose in this Contract. Also, the addressee