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2017 Mayfeeld Village -Solid Waste Collection, Dispose[, attd Recycling Services Bid the Village may terminate this Agreement. In the event the Village notifies the Contractor of its intent to terminate the Agreement, the Contractor's surety, if any, will have the right to take over and perform the Agreement, provided, however, that if the surety does not commence performance thereof by the effective date of the termination of the Agreement, the Village may prosecute the same by contract or otherwise at the expense of the surety. In the event there is no surety-provided cover, or the Village is unable to obtain cover, the effective date of the termination may be delayed by the Village until it will have completed the process of obtaining a substitute service provider to provide the Residential Waste Collection, Disposal and Recycling Services required herein. In such event, the Contractor will continue to perform its responsibilities under this Agreement until the effective date of termination. Notwithstanding any other provision herein, the Village retains all other rights and remedies available at law against the Contractor by reason of such alleged breach of the Agreement. ARTICLE VIII -MISCELLANEOUS 1. Entire Agreement This Agreement, the Invitation to Bid, Bidder's Bid Forms and all attachments hereto represent the entire agreement of the parties as to its subject matter and supersedes all other prior written or oral understandings. This Agreement may be modified or amended only by a writing signed by both parties. 2. Notices Written notice required to be given under this Agreement will be sufficient if delivered personally or mailed by certified mail with return receipt requested with proper postage to the Contractor, attention: Kimble Recycling & Disposal Inc. 3596 SR 39 NW, Dover, OH 44622 and to the Village, attention: Doug_ Metzung Service Director 6622 Wilson Mills Road, Mayfield Village, OH 44124, at their respective addresses set forth above. Any change in address must be given in like manner. 3. Waiver No waiver, discharge, or renunciation of any claim or right of the Village or the Contractor arising out of a breach or alleged breach of this Agreement by the Village or the Contractor will be effective unless in writing signed by the Village and the Contractor. 4. Applicable Law This Agreement will be governed by, and construed in accordance with, the laws of the State of Ohio. 5. Unenforceable Provision If any provision of this Agreement is in any way unenforceable, such provision will be deemed stricken from this Agreement and the parties agree to remain bound by all remaining provisions. The parties agree to negotiate in good faith a replacement provision for any provision so stricken. 6. Binding Effect This Agreement will be binding upon and will inure to the benefit of, and be enforceable by and against, the respective successors and assigns of each party hereto. Provided, however, that the Contractor may not assign this Agreement or any of the Contractor's rights or obligations hereunder without the express written consent of the Village, which consent may be withheld for any reason or for no reason.