PSA - Disposal Agreement Setting Per Ton Tipping Fee – Republic Services of IN LP

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prior discussions, agreements, and understanding of any and every nature between them. Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5- 5(d)(4), payments by the City arc subject to annual appropriation by its fiscal body. When die City makes a written determination that funds are not appropriated or otherwise available to support continued performance of this Agreement, this Agreement shall be cancelled. A determination by the City that funds are not appropriated or otherwise available to support continuation of the performance shall be final and conclusive. Section 10. Termination. This Agreement may be terminated by either Party for its convenience by providing the other Party with ninety -days written notice prior to the date of any anniversary of the Agreement, the first such anniversary being January 1, 2025. The Contractor shall be compensated forperformance prior to the effective date of termination, but in no case shall total payment made to Contractor exceed the original Agreement price due on Agreement. Either Party (the "Non -Breaching Party") may, without prejudice to any other remedies available to it at law or in equity, terminate this Agreement in its entirety in the event the other Party (the `Breaching Party") has materially breachedthis Agreement, and such breach has continued for thirty (30) days (the "Cure Period") after written noticethereof is provided to the Breaching Party by the Non -Breaching Party, such notice describing the alleged material breach in sufficient detail to put the Breaching Party on notice of the allegedbreach; provided that, if such breach is not susceptible to cure within the Cure Period, then, the Non -Breaching Party's right to termination shall be suspended only if and torso long as the Breaching Party has providedto the Non -Breaching Party a written plan that is reasonably calculated to effect a cure and such plan is reasonably acceptable to the Non - Breaching Party, and the Breaching Parry commits to and does c any out such plan. Upon termination, Contractor shall be compensated for performance prior to the termination effective date, and Contractor shall have no further obligation to perform any Services under this Agreement. Section 11. Non -Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the property authorizedrepresentative, agent, member or officer of the Contractor, that he/she has not, norhas any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid any sum of money or other consideration on behalf of Contractor for the execution of this Agreement other than that which appears upon the face of this Agreement. Section 12. E-Verify. The Contractor affirms under the penalties of perjury that he/sheln does not knowingly employ an unauthorized alien. The Contractm shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-employed and does not employ any employees. The Contractor shall require his/her/its subcontractors, who perform work under this