2005 S Solid Waste - Waste Industries, LLC. of Durham RFP Award: Urban Curbside Recycling Services Contract

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