§ 43. Commercial Impracticability.

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The Franchisee has examined the requirements of this Franchise thoroughly and the acceptance hereof constitutes a representation that they have the financial and technical capacity to carry out their obligations stated herein. All the services and requirements anticipated by this Franchise are commercially practicable. The company stipulates that it shall not attempt to relieve itself of requirements on the basis of commercial impracticability unless the level of customers of solid waste management and recycling services declines to a point below 80% of the level of customers found on July 1, 2009, and that level is maintained for a period of not less than 6 consecutive months.

(Ord. No. 1475, § 43, 5-12-2009)

                    
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