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July 15, 2024 Page 65 City of San Leandro/ACI Franchise Agreement Under no circumstances shall any proposed assignment be considered by City if Contractor is in default at 2571 any time during the period of consideration. If, in the City’s sole determination, there is any doubt 2572 regarding the compliance of the Contractor with the Agreement, City may require an audit of the 2573 Contractor’s compliance and the costs of such audit shall be paid by Contractor in advance of the 2574 performance of said audit. 2575 12.7 NO THIRD-PARTY BENEFICIARIES 2576 This Agreement is not intended to, and will not be construed to, create any right on the part of any third 2577 party to bring an action to enforce any of its terms. 2578 12.8 WAIVER 2579 The waiver by either Party of any breach or violation of any provisions of this Agreement shall not be 2580 deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of 2581 violation of the same or any other provision. The subsequent acceptance by either Party of any monies 2582 which become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach 2583 or violation by the other Party of any provision of this Agreement. 2584 12.9 NOTICE PROCEDURES 2585 All notices, demands, requests, proposals, approvals, consents, and other communications, which this 2586 Agreement requires, authorizes, or contemplates, shall be in writing and shall either be personally 2587 delivered to a representative of the Parties at the address below or deposited in the United States mail, 2588 first class postage prepaid, addressed as follows: 2589 If to City: 2590 City of San Leandro 2591 Attn: Public Works Director 2592 14200 Chapman Rd. 2593 San Leandro, CA 94578 2594 Email notice: slpublicworks@sanleandro.org 2595 If to Contractor: 2596 Alameda County Industries, Inc. 2597 Attn: General Manager 2598 610 Aladdin Ave. 2599 San Leandro, CA 94577 2600 2601 The address to which communications may be delivered may be changed from time to time by a notice 2602 given in accordance with this Section. Notice shall be deemed given on the day it is personally delivered 2603 or, if mailed, three (3) calendar days from the date it is deposited in the mail. Either Party may choose to 2604 provide email notification to the other Party that notice has been deposited in the mail, however such 2605 email notification shall not constitute official notice. 2606 Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A