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8/30/62 30. Upon the execution of this Agreement by both parties, that certain Agreement between the parties hereto dated the .5th day of October, 1959, entitled "Agreement for the Establishment, Operation and Maintenance of a Garbage and Refuse Disposal Facility for the City of Stockton, California' and all supplements thereto and extensions thereof, shall be cancelled and shall be superseded by this Agreement. 31. In conformity with the objective of the parties hereinabove specified to have the garbage and refuse here involved disposed of by means of, incineration, in the event that, during the term of this Agreement or any renewal hereof and prior to the receipt by Contractor of notice from the City of its desire to terminate this Agreement as provided by Section. 24, the Con- tractor furnishes the City evidence of its financial ability to construct on the Site an incinerator or incinerators (here- inafter referred to as the "Incinerator") as described in "Exhibit A" annexed hereto and by this reference made a part' hereof,fEhe Contractor shall be afforded a reasonable period . of time to construct such incinerator and place it in opera- tion and during such period this Agreement shall continue in effect. Upon the completion of construction of such incin- erator by Contractor and the placing of it into operation, this Agreement shall ,be automatically renewed for a period of twenty (20) years from and after the placing of such incin- erator in operation. TIL, 11-n-cinerator ;hall be deemed to be placed in operation when it is available to receive and dispose of the garbage and refuse covered by this Agreement. When the incinerator Is in operation, the provisions hereinabove set forth with respect to the "trench and fill" method shall apply only to non-incinerable materials. -15- .10