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<br /> <br />Non-Professional Services Agreement between [EFFECTIVE DATE] <br />City of San Leandro and Pencco, Inc—Exhibit DPage 1 of 2 <br />service shall be determined by negotiation between the respective BACC agency and <br />the successful bidder. <br /> <br />4.10 Good Faith Bidding and Contracting <br />The participating BACC agencies listed on this bid solicitation are bidding in good faith <br />and have agreed not to extend an existing bid in lieu of contracting with the lowest <br />responsive bidder. However, nothing in this bid solicitation shall prevent a BACC <br />agency from rejecting all bids and separately procuring the services they require, if <br />deemed in the best interest of their respective agency. <br /> <br />4.11 Termination of Contract <br />Any BACC agency may terminate their contract with the successful bidder for any <br />reason by providing the successful bidder written notice of termination, and <br />specifying the effective date thereof, at least thirty <br />(30) days before the effective date. Termination of the contract by one BACC agency <br />does not affect the contractual relationship between the successful bidder and any <br />other BACC agency. <br /> <br />4.12 Termination for Cause <br />In the event of a breach of any term or provision of the contract by the successful <br />bidder, a BACC agency may terminate the contract with respect to supply of chemicals <br />for that agency by providing the successful bidder with written notice of such <br />termination, and specifying the effective date thereof, at least ten (10) days before <br />the effective date. Termination of the contract by one BACC agency does not affect <br />the contractual relationship between the successful bidder and any other BACC <br />agency. <br /> <br />4.13 Effect of Termination <br />Any termination by a BACC agency, with or without cause, must not affect the validity <br />of the contract between the successful bidder and any other BACC agency, nor must <br />such action affect any rights, remedies, or obligations of the successful bidder or any <br />other BACC agency. <br /> <br />4.14 Assignment <br />The successful bidder must under no circumstances assign the contract without the <br />prior written consent of each participating BACC agency. Any assignment, or attempt <br />at assignment, made without such consent of each participating BACC agency may be <br />considered a breach of contract. <br /> <br />4.15 Competitiveness and Integrity <br />The participating BACC agencies have assigned control of the acquisition process to the <br />Docusign Envelope ID: B72AF0D0-C77A-4A6B-8727-4C891D248F6D