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Beginning on the Commencement Date, Contractor covenants to comply with the Contractor's performance <br />obligations throughout the term of the Agreement and to perform the Contractor's performance obligations <br />with respect to recyclables processing and marketing services in accordance with accepted practice for <br />comparable processing facilities, sound management and operations practice, the facility's operation and <br />maintenance manual, plans and specifications, permits, applicable law (including OSHA standards), <br />provisions hereof, and covenants, conditions and restrictions pertaining to the site. <br />The Contractor shall be responsible for maintaining and renewing all necessary permits, licenses, and <br />clearances necessary to provide the transportation and processing of recyclables. Contractor shalt <br />maintain and renew permits; provided, however, Contractor shall not be responsible for any delays in <br />maintaining or renewing, or failure to maintain or renew, the permits, if Contractor has exercised due <br />diligence in maintaining and/or renewing the permits, and such failure is caused by any action or inaction of <br />the issuing or renewing authority. <br />The Contractor shall meet alt applicable regulations, industrial codes, and all applicable standards of <br />technical societies, either as stated or as in standard industry practice. <br />The Contractor shall have the responsibility for the sale of recovered materials and collection of payment <br />thereof. <br />Maintenance and Repair <br />The Contractor shall maintain the facility and site in good working order and repair, including maintaining <br />spare parts inventory and performing periodic maintenance in accordance with the operations and <br />maintenance manual, manufacturer's recommendations, accepted practice for comparable facilities, and <br />sound management and operations practice. Contractor shall maintain the aesthetic appearance of the <br />facility and site in a clean and neat manner in accordance with the plans and specifications, with due <br />regard for reasonable control of odors, dust, and noise. <br />Safety <br />Contractor shall conduct facility operations in a safe manner, in accordance with applicable law, <br />requirements of insurance carried, and standard industry practices in the waste management and materials <br />recovery industry. <br />Right to Enter and Inspect Facility <br />The City and its designated representative shall have the right, but not the obligation to enter, observe, and <br />inspect the processing facility during Contractor's office hours; meet with the facility manager or his or her <br />representative at any time, and meet with other employees upon request, which request shall not be <br />unreasonably denied. Upon City request, Contractor shall make personnel available to accompany City <br />employees on inspections. Contractor shall ensure that its employees cooperate with the City and respond <br />to the City's reasonable inquiries. Contractor shall make operational and business records other than <br />DRAFT 1/24/00 Page 9 of 11 <br />