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City of Pleasanton Article 3.Term of Agreement <br />Franchise Agreement with Pleasanton Garbage Service <br />594 ARTICLE 3. TERM OF AGREEMENT <br />595 3.1 Effective Date and Commencement Date <br />596 The Effective Date of this Agreement shall be the date the latter of the two Parties signs the Agreement <br />597 provided that City Council has taken action approving this Agreement and no restraining order of any kind <br />598 has been issued. <br />599 The Commencement Date of this Agreement shall be July 1, 2018, and shall be the date Contractor <br />600 commences to provide Collection, Transportation, and Processing services and all other obligations <br />601 described by this Agreement. During the time between the Effective Date and Commencement Date, <br />602 Contractor shall perform any and all activities necessary to prepare itself to start Collection, <br />603 Transportation, and Processing services required by this Agreement on the Commencement Date. <br />604 3 .2 Conditions to Effectiveness of Agreement <br />605 The obligation of City to permit this Agreement to become effective and to perform its undertakings <br />606 provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, <br />607 each of which may be waived in whole or in part by City. <br />608 3.2.1 Accuracy of Representations <br />609 The representations and warranties made in Article 2 of this Agreement are true and correct on and as of <br />610 the Effective Date. <br />611 3.2.2 Absence of Litigation <br />612 There is no litigation pending on the Effective Date in any court challenging the award or execution of this <br />613 Agreement or seeking to restrain or enjoin its performance. <br />614 3.2.3 Furnishings of Insurance and Bond <br />615 Contractor has furnished evidence of the insurance required by Section 9.5 that is satisfactory to the City; <br />616 provided evidence of its ability to secure the performance bond required by Section 9.6 that will be <br />617 effective on the Commencement Date of the Agreement. <br />618 3.2.4 Secretary's Certification <br />619 Exhibit J of this Agreement shall have been signed by the secretary of the Contractor and identifies the <br />620 name of the Contractor's representative that is authorized to execute this Agreement. <br />City of Pleasanton Page 21 March 8, 2018