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related to the Agreement The City may rely upon action taken by such designated representative as action <br />of the Contractor except for actions not taken within the scope of the Franchise. Louis Pellegrini shall be the <br />initial designated representative of this Contractor. If the designated representative changes Contractor shall <br />notify the City's Representative. <br />Waiver of Certain Ri hts. The Contractor hereby: <br />i. Waives any right it may possess to contest the legal right, power or the authority of <br />the City to enter into and perform this Agreement, including particularly the provisions <br />thereof providing for the delivery of Solid Waste to any Disposal Site, delivery of <br />Recyclables to a Recyclables Processing Facility and delivery of Green Waste to any <br />Green Waste Processing Facility, and agrees to cooperate with and assist the City <br />in supporting the legal validity of and authorization for such provisions in the event <br />of any legal challenge thereto brought or made in any manner by a third party; and <br />Agrees to observe and comply with the operating rules and regulations established <br />by the County with respectto a Disposal Site, a Recyclables Processing Facility and <br />a Green Waste Processing Facility, including without limitation those governing <br />delivery procedures, receiving hours, vehicle and waste inspection, Hazardous <br />Waste screening, litter control and safety measures. <br />J. Volunta Use of the Coun S stem of Facilities. The Contractor, without constraint and as a free <br />market business decision in accepting this Franchise, agrees to use the County System, and such decision <br />in noway constitutes a restraint of trade notwithstanding any change in law regarding flow control limitations <br />or any definition thereof. Should Contractor choose notto use the County System, Contractor shall obtain the <br />prior approval of the City Representative. <br />ARTICLE 3. TERM OF AGREEMENT <br />3.1 GRANT OF EXCLUSIVE FRANCHISE <br />Subjectto the conditions and reservations contained in this Agreement, and pursuantto Section 40059 of the <br />Act and consistent with the applicable limitations of law, the City hereby grants to the Contractor the right, <br />privilege and Exclusive Franchise to provide: <br />1. Collection and transportation for Disposal of Solid Waste. <br />2. Collection, transportation, processing and marketing of all Recyclable Materials not expressly <br />excluded in Article 3.2. <br />3. Collection, transportation, processing and marketing of Green Waste. <br />1:~~,wvz...~a oz~ovoo Page 10 of 59 <br />