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July 2024 Page 5 City of San Leandro Post Collection B. Provide timely access to the City Contract Manager and the Contractor’s designated representative, 149 and provide complete and timely responses to requests of the other Party. 150 C. Provide timely notice of matters that may affect either Party’s ability to perform under the 151 Agreement. 152 ARTICLE 2. 153 TERM OF AGREEMENT 154 2.1 TERM AND OPTION TO EXTEND 155 The Term of this Agreement shall commence February 1, 2025 (Commencement Date) and continue in 156 full force for a period of ten (10) years and five months, through and including June 30, 2035, unless the 157 Agreement is extended in accordance with this Section or terminated pursuant to Section 10.2. 158 If a Term extension for the Collection Agreement is granted, this Agreement shall be extended for the 159 same number of years as the Collection Agreement extension. 160 Between the Effective Date and Commencement Date, Contractor shall perform all activities necessary to 161 prepare itself to start providing services required by this Agreement on the Commencement Date. 162 2.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT 163 The obligation of City to permit this Agreement to become effective and to perform its undertakings 164 provided for in this Agreement is subject to the satisfaction of all the conditions below, each of which may 165 be waived, in written form only, in whole or in part by City. 166 A. Accuracy of Representations. The Contractor’s representations and warranties made in 167 Contractor’s Proposal and Article 11 of this Agreement are true and correct on and as of the 168 Effective Date. 169 B. Furnishings of Insurance and Performance Bond. Contractor has furnished evidence of the 170 insurance and performance bond required by Article 9 that is satisfactory to the City. 171 C. Absence of Litigation. To the best of Contractor’s knowledge, after reasonable investigation, there 172 is no action, suit, proceeding, or investigation, at law or in equity, before or by any court or 173 governmental authority, commission, board, agency, or instrumentality decided, pending or 174 threatened against Contractor wherein an unfavorable decision, ruling, or finding, in any single case 175 or in the aggregate, would: 176 1. Materially adversely affect the performance by Contractor of its obligations hereunder; 177 2. Adversely affect the validity or enforceability of this Agreement; or, 178 3. Have a material adverse effect on the financial condition of Contractor, or any surety or entity 179 guaranteeing Contractor’s performance under this Agreement. 180 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B