PLEASANTON GARBAGE FRANCHISE AGREEMENT 2022

City of Pleasanton Article 12. Other Agreements of the Parties Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 126 June 7, 2022 12.8 Transition to Next Contractor 4523 Prior to expiration or earlier termination of this Agreement, Contractor will cooperate with City and 4524 subsequent Contractor(s) to assist in an orderly transition of services from Contractor to subsequent 4525 contractor. Such cooperation will include, but not be limited to, Contractor providing route lists and 4526 detailed Customer account and billing information. Contractor will not be obliged to sell Collection 4527 vehicles, equipment, or facilities to the next Contractor; however, the City has rights to ownership of 4528 Containers pursuant to Section 5.16.4. Depending on Contractor's circumstances at the point of 4529 transition, the Contractor at its option may enter into negotiations with the next Contractor to sell (in part 4530 or all) Collection vehicles, and other equipment or facilities. 4531 In connection therewith, Contractor acknowledges that the provisions of Public Resources Code Sections 4532 49520-49523 have no application to this Agreement and agrees, to the extent such sections may have 4533 application, to waive whatever rights they may afford. 4534 12.9 Parties in Interest 4535 Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons 4536 other than the Parties to it and their representatives, successors, and permitted assigns. 4537 12.10 Waiver 4538 The waiver by either Party of any breach or violation of any provisions of this Agreement shall not be 4539 deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or 4540 violation of the same or any other provision. The subsequent acceptance by either Party of any monies 4541 which become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach 4542 or violation by the other Party of any provision of this Agreement. 4543 12.11 Contractor's Investigation 4544 The Contractor has made an independent investigation (satisfactory to it) of the conditions and 4545 circumstances surrounding the Agreement and the work to be performed by it. 4546 12.12 Notice 4547 All notices, demands, requests, proposals, approvals, consents, and other communications which this 4548 Agreement requires, authorizes, or contemplates, except as provided in Section 10.1, shall be in writing 4549 and shall either be personally delivered to a representative of the Parties at the address below or 4550 deposited in the United States mail, first class postage prepaid, addressed as follows: 4551 If to City: 4552 City Manager 4553 City of Pleasanton 4554 123 Main Street 4555 Pleasanton, CA 94566 4556 4557