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25 <br /> b) If Contractor fails to correct the default as provided above, County, without further notice, shall <br /> have all of the following rights and remedies which County may exercise singly or in <br /> combination: <br /> i. The right to declare that this Contract together with all rights granted Contractor hereunder <br /> are terminated,effective upon such date as County shall designate; <br /> ii. The right to license others to perform the services otherwise to be performed by Contractor, <br /> or to perform such services itself; and <br /> iii. In the event of a default not capable of being corrected because of damage to the Processing <br /> Center, due to force majeure, County may.,but is not obligated to, provide Contractor with <br /> a suitable temporary location for conducting processing and drop-off services. <br /> c) The following is a non-inclusive list of events or occurrences of defaults by Contractor in the <br /> performance of material covenants of this Contract: <br /> i. The death or injury requiring hospitalization of an individual, other than employees of the <br /> Contractor, proximately caused by the negligence or intentional act of Contractor in <br /> carrying out this Contract. <br /> ii. More than one incidence of greater than $20,000 property damage to property by the <br /> Contractor while performing the recycling contract where the Contractor's negligence or <br /> intentional act is the proximate cause of the property damage. <br /> iii. Continued high level of unsatisfactorily resolved substantive customer complaints about <br /> recyclables collection. As determined by County, a high level of unsatisfactorily resolved <br /> complaints shall be greater than twelve (12) unsatisfactorily resolved complaints in one <br /> calendar month for three consecutive calendar months. Unsatisfactorily resolved <br /> complaints shall not include complaints about missed pickups where County or Contractor <br /> can demonstrate that:the recycling bin was set-out late,the site was inaccessible at the time <br /> of scheduled collection, or that the problem was resolved by 5 pm of the working day <br /> following receipt of the complaint. <br /> The principle of ejusdem generis shall not pertain in determining defaults in the material covenants <br /> of this Contract. All agreements to be kept or observed by Contractor are material. <br /> SECTION 26 <br /> All notices required or contemplated by this Contract shall be personally served or mailed,postage <br /> prepaid and return receipt requested to the parties as follows: <br /> To: Orange County <br /> Department of Solid Waste Management <br /> Attn: Mr.Robert Taylor <br /> PO Box 17177 <br /> Chapel Hill,NC 27516-7177 <br /> To: Waste Industries <br /> Attn: Mr.Lee Bodenhamer III <br /> 148 Stone Park Court <br /> Durham,NC 27703 <br /> 17 <br />