Enforcement of Exclusivity. All residential premises, commercial and community activities of every kind and description that generate Solid Waste and residential Curbside Recyclable Materials shall be required by CITY to utilize the Collection and Container services of the CONTRACTOR provided for herein. In the event the CONTRACTOR can produce pictorial evidence or other documentation that other Persons are servicing Collection Containers or are Collecting Solid Waste, Recyclable Materials, Organic Materials or Bulky Items in a manner that is not consistent with this Agreement, the CITY reasonably shall cooperate with the CONTRACTOR in the efforts of the CONTRACTOR to enforce its rights under this Agreement, except that the CITY is under no legal obligation to commence any action or proceeding to enforce any such rights as the result of third-party conduct, and is further not subject to any liability in law or equity for the conduct of any third-party.
Enforcement of Exclusivity. The City will use reasonable its best efforts to adopt ordinances, rules or regulations that have the effect of requiring third parties, including, without limitation, Customers, to comply with the provisions of this Contract, including, without limitation, the exclusive service rights granted to Contractor.
Enforcement of Exclusivity. City shall utilize its reasonable best efforts as permitted by applicable law to enforce the exclusivity granted Contractor pursuant to the terms of this Contract. The City will use the same, or substantially the same, procedure as shown below, to notify all potential users in the City of Lake Worth Bach as to how to order the roll-off services: The City will annotate the name, contact information and pricing schedule of the Contractor on the required building permit application and the issued permit indicating that the Contractor is the exclusive contractor for the City. All Building permits, issued by the City, shall include a condition that roll off services will be provided by the Contractor and that use of any other hauler may result in a stop-work order, fine, and/or penalty.
Enforcement of Exclusivity. CONTRACTOR shall be responsible for enforcing the exclusivity of this Agreement. CITY may reasonably assist CONTRACTOR in its efforts to enforce the exclusivity hereof. In addition, CITY may adopt such ordinances or other regulations as it deems to be necessary or desirable to protect the exclusive rights granted herein and may enforce such regulations in its reasonable discretion. CONTRACTOR may enforce such exclusivity provisions when requested to do so and CITY may assign any claim to CONTRACTOR to assist in such enforcement. The CITY reserves to itself the right to make reasonable changes in the Atwater Municipal Code and the Regulations adopted pursuant thereto amended or changed in the future. The Parties understand and agree that CITY shall not be liable for damages resulting from failure to enforce its Municipal Code, nor shall such failure constitute a breach of this Agreement entitling CONTRACTOR to rescission or any other remedy.
