CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

April 1, 2025 20 City of Pleasanton/GreenWaste Recovery, LLC this Agreement constitutes the legal, valid, and binding obligation of the City enforceable against the City 745 under its terms. 746 C. No Warranty Regarding Volumes or Material Types. The City expressly disclaims any warranties, either 747 express or implied, as to the volume, type, merchantability or fitness for any particular purpose of the 748 Recyclable Materials Delivered to, Accepted, and Processed by Contractor. 749 3.3 Of the Parties 750 By acceptance of this Agreement, the Parties represent and warrant that: 751 A. No Conflicts. To the best of the Parties’ knowledge, after reasonable investigation, neither the execution or 752 delivery of this Agreement or the performance by the Parties of their obligations hereunder does not conflict 753 with, violate, or result in breach of: 754 (1) Any Applicable Law; 755 (2) Any term or condition of any judgment, order, or decree of any court, administrative agency, or other 756 governmental authority; or, 757 (3) Any agreement or instrument to which Contractor or any of its Affiliates is a party or by which 758 Contractor or any of its Affiliates’ properties or assets are bound or constitutes a default thereunder. 759 B. No Litigation. There is no administrative filing, action, suit, or other proceeding as of the Effective Date, at 760 law or in equity, before or by any court or governmental authority, commission, board, agency, or 761 instrumentality decided, pending or, to the Parties’ best knowledge, threatened by or against either Party 762 wherein an unfavorable decision, ruling, or finding in any single case or in the aggregate, would: 763 (1) Materially adversely affect the performance by either Party of its respective obligations hereunder or 764 the transactions contemplated by this Agreement; 765 (2) Adversely affect the validity or enforceability of this Agreement; or, 766 (3) Materially adversely affect the financial condition of Contractor, or any surety or entity guaranteeing 767 Contractor’s performance under this Agreement. 768 C. No Legal Prohibition. The Parties have no knowledge of any adverse judicial decision or Applicable Law in 769 effect on the Effective Date that either affects the validity of this Agreement or would prohibit the 770 performance by either Party of its respective obligations hereunder or the transactions contemplated by this 771 Agreement. 772 ARTICLE 4 773 TERM OF AGREEMENT 774 4.1 Term and Option to Extend 775 The Term of this Agreement shall commence July 1, 2025 (Commencement Date) and continue in full force for a 776 period of four (4) years, through and including June 30, 2029, unless the Agreement is extended in accordance with 777 this Section or terminated pursuant to Article 11. Between the Effective Date and Commencement Date, Contractor 778 Page 95 of 223