1997 AGN FEB. 18 - Laserfiche WebLink

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m I j_' ,� � 4 � 6 7 3 9 10 11 12 13 14 1� 16 17 ls 19 20 21 �� ; 4 �� 26 ?7 ?g �9 30 31 32 33 34 3� 36 37 38 39 40 41 42 43 � in the opinion of the City the proposed assignee's financial status is equal to or greater than Contractor's; (2) satisfactory proof that the proposed assignee has at least ten years of municipal solid waste management experience on a scale equal to or exceeding the scale of operations conducted by Contractor; (3) satisfactory proof that in the last five years, the proposed assignee has not suffered any citations or other censure from any federal, state or local a�ency having jurisdiction over its �vaste manaaement operations due to any significant failure to comply with state, federal or local �vaste manageinent law and that the assignee has provided City �vith a complete list of such citations and censures; (4) satisfactory proof that the proposed assignee has at all times conducted its operations in an environmentally<safe and conscientious fashion; (�) satisfactory proof that the proposed assignee conducts its municipal solid �vaste mana�ement practices in accordance with sound �vaste management practices in full compliance �vith all federal, state and local Iaws regulatin; the collection and disposal of �vaste, including hazardous �vaste as identified in Title 22 of the California Code of Regulations; (6) of any other infonnation required by City to ensure the proposed assignee can fulfill the terms hereof, including the payment of indemnities and damages and provision of bonds and/or performance guaranties, in a timely, safe and effective manner. Contractor shall undertake to pay City its reasonable expenses for attorneys' fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to revie�v and finalize any documentation required by the City as a condition for approving any such assignment. c. Assign. For the purpose of this Section, "assian" incltides: (1) to sell, exchange or otherwise transfer to a third party any of Contractor's assets dedicated to solid waste mana�ement services; • (2) issuing ne�v stock or selling, exchan�ing or other�vise transferring thirty percent or more of tl�e then outstanding common stock of Contractor to a Person other than the shareholders o�vninJ said stock as of the date hereof. 1�.02 Amendments. The Parties may chan�e, modify, supplement or amend tliis A�reement onlv upon mutual written agreement duly authorized and e�cecuted by both Parties; provided that �vherever herein reports, forms or other documents are attached in substantially t11e form provided in the Exhibits, the City Representative and Contractor Representative may edit and revise them tipon tlleir �/30/96 execution 66