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City of Pleasanton Article 3. Term of Agreement Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 22 June 7, 2022March 8, 2018 ARTICLE 3. TERM OF AGREEMENT 665 3.1 Effective Date and Commencement Date 666 The Effective Date of this Agreement shall be the date the latter of the two Parties signs the Agreement 667 provided that City Council has taken action approving this Agreement and no restraining order of any kind 668 has been issued. 669 The Commencement Date of this Agreement shall be July 1, 2018, and shall be the date Contractor 670 commences to provide Collection, Transportation, and Processing services and all other obligations 671 described by this Agreement between the Parties. During the time between the Effective Date and 672 Commencement Date, Contractor shall perform any and all activities necessary to prepare itself to start 673 Collection, Transportation, and Processing services required by this Agreement on the Commencement 674 Date. 675 The Amendment Commencement Date of this Agreement shall be July 1, 2022, and shall be the date 676 Contractor commences to provide all services and obligations described by this Agreement, as amended. 677 During the time between the Effective Date and Amendment Commencement Date, Contractor shall 678 continue to perform all services in effect as of the Commencement Date, and shall perform any and all 679 activities necessary to prepare itself to start Collection, Transportation, and Processing services and all 680 other obligations required by this amended Agreement on the Amendment Commencement Date. 681 3.2 Conditions to Effectiveness of Agreement 682 The obligation of City to permit this Agreement to become effective and to perform its undertakings 683 provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, 684 each of which may be waived in whole or in part by City. 685 3.2.1 Accuracy of Representations 686 The representations and warranties made in Article 2 of this Agreement are true and correct on and as of 687 the Effective Date. 688 3.2.2 Absence of Litigation 689 There is no litigation pending on the Effective Date in any court challenging the award or execution of this 690 Agreement or seeking to restrain or enjoin its performance. 691 3.2.3 Furnishings of Insurance and Bond 692 Contractor has furnished evidence of the insurance required by Section 9.5 that is satisfactory to the City; 693 provided evidence of its ability to secure the performance bond required by Section 9.6 that will be 694 effective on the Commencement Date of the Agreement. 695