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<br />considered to be a breach of the Agreement. the Contract Manager shall so <br />notify the Citv Manager and Citv Commission. and a hearing shall be set for <br />a date within 30 davs of such notice. On that date. the Citv Commission shall <br />hear the Contractor and the Citv Staff's position and shall make a <br />determination as to whether or not there has been a breach of this Agreement <br />and shall direct what further action shall be taken. This decision shall be final. <br />Upon such determination of breach. the Citv mav. without further <br />compensation to the Contractor. tàke over the work or anv portion of the <br />work. provided however. the Contractor shall be paid for anv portion of work <br />not taken over bv the Citv or not vet compensated and paid to the Contractor. <br /> <br />12. In all other respects the original Agreement dated December 27,2001, and attached <br />hereto as Exhibit "A," shall remain in fiJlI force and effeGt and the parties hereto do hereby reaffirm <br />the original Agreement and the terms and condilions of such Agreement, except as otherwise <br />specifically modified herein. <br /> <br />IN WITNESS WHEREOF, the parties have executed this First Amendment the day and year <br />first above written. <br /> <br />CITY OF CASSELBERRY <br /> <br />BY~ct.~ <br /> <br />Bruce A. Pronovost, Mayor <br /> <br />Date /~ / 3-é} '3 <br /> <br />,~ <br /> <br />REPUBLIC SERVICES OF FLORIDA, <br />LIMITED PARTNERSHIP <br /> <br /> <br />, 200]' <br /> <br />I:\NAHlFILESICDRlCasselberrylSolid WastelAmend - Res Solid Waste 9-23-02.wpd <br /> <br />6 <br />