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City of Pleasanton Article 10. City's Right to Perform Service Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 117 June 7, 2022March 8, 2018 If the interruption or discontinuance in service is caused by any of the reasons listed in Section 11.7, the 4110 City shall pay to Contractor the reasonable rental value of the equipment and facilities, possession of 4111 which is taken by the City, for the period of the City's possession, if any, which extends beyond the period 4112 of time for which Contractor has rendered bills in advance of service, for the class of service involved. 4113 Except as otherwise expressly provided in the previous paragraph, the City's exercise of its rights under 4114 this Article: (1) does not constitute a taking of private property for which compensation must be paid; (2) 4115 will not create any liability on the part of City to Contractor; and (3) does not exempt Contractor from the 4116 indemnity provisions of Article 9, which are meant to extend to circumstances arising under this Section, 4117 provided that Contractor is not required to indemnify City against claims and damages arising from the 4118 negligence of City officers, employees and agents in the operation of Collection vehicles during the time 4119 the City has taken possession of such vehicles. 4120 10.2 Duration of City's Possession 4121 City has no obligation to maintain possession of Contractor's property and/or continue its use in 4122 Collecting, Transporting, Processing, and Disposing Solid Waste, Recyclable Materials, Organic Materials, 4123 C&D, or Bulky Items for any period of time and may, at any time, in its sole discretion, relinquish 4124 possession to the Contractor. 4125 The City's right to retain temporary possession of Contractor's property, and to provide Solid Waste, 4126 Recyclable Materials, Organic Materials, C&D or Bulky Items Collection services, shall continue until 4127 Contractor can demonstrate to the City's satisfaction that it is ready, willing and able to resume such 4128 services or for one hundred eighty (180) calendar days, whichever occurs first. 4129