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of one mile for which Contractor shall be entitled to charge the rate set forth in the applicable tariff of the California Public Utilities Commission for such transportation, less that part of the rate attributable to the first mile of said transportation. 13. The parties hereto shall immediately commence a joint study to de- termine the actual capacity of all vehicles used by the City or its contractual agents to carry garbage and refuse materials to the Site. Within three (3) months after the signing of this agreement both parties shall mutually agree to the actual capacity of said vehicles and said capacity shall be clearly and legibly marked on each side of every such vehicle. The capacities agreed upon shall govern the rate of compensation set forth in paragraph 11 hereof. The provisions of this paragraph shall also apply to any new vehicles, collection equipment or other collection methods inaugurated by the parties during the term of this agree- ment and any extensions thereof. 14. If the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it should persistently or repeatedly refuse or fail, unless an extension of time is granted by the City, to establish, operate and maintain the garbage and refuse disposal facility in the manner and subject to the terms and conditions herein provided for, or if it should persistently disregard laws or ordinances, or otherwise be guilty of a substantial violation of any provision of this agreement, then the City, if sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor ten (10) days' written X notice, terminate this agreement, and in the event of such termination it may, subject to paragraph 16 hereof, take over the establishment, operation and mainte- nance of said garbage and refuse disposal facility, or such portion thereof as it may deem necessary. 15. It is expressly understood that this agreement is subject to termi- nation as provided by Section 4410 and 4411 of the Government Code of the State of l\ California being portions of the Emergency Termination of Public Contracts Act of 1949, in the event of a national emergency. -9- M-�:.