AgdaPkt 2018-03-26 Joint SA PFA - Laserfiche WebLink

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REV: 03-16-18 MI ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO Page 106 of 119 ARTICLE 14 4278 DEFAULT AND REMEDIES 4279 14.01 EVENTS OF DEFAULT 4280 Each of the following shall constitute an event of default ("Contractor default"): 4281 A. Contractor fails to perform its obligations under Article 5, 6, or 7 of this Agreement 4282 and its failure to perform is not cured within ten (10) Business Days after written notice 4283 from Agency. 4284 B. Contractor fails to perform its obligations under any other Article of this Agreement 4285 and its failure to perform is not cured within ten (10) Days after written notice from 4286 Agency, provided that if the nature of the failure is such that it will reasonably require 4287 more than ten (10) Days to cure, Contractor shall not be in default so long as it 4288 promptly commences the cure and diligently proceeds to completion of the cure, and 4289 provided further that neither notice nor opportunity to cure applies to events described 4290 in subsections C through H. 4291 C. Contractor ceases to provide Collection and transportation services for a period of 4292 two (2) Business Days for any reason within the Contractor's control, including labor 4293 unrest such as strike, work stoppage or slowdown, sickout, picketing, or other 4294 concerted job action by Contractor's employees. 4295 D. Contractor files a voluntary petition for relief under any bankruptcy, insolvency, or 4296 similar law. 4297 E. An involuntary petition is brought against Contractor under any bankruptcy, 4298 insolvency, or similar law which remains un-dismissed or un-stayed for ninety (90) 4299 Days. 4300 F. Contractor fails to furnish a replacement bond or a continuation certificate of the 4301 existing bond not less than ten (10) Days before expiration of the performance bond, 4302 as required by Section 13.03 or fails to maintain all required insurance coverage in 4303 force. 4304 G. Contractor fails to provide reasonable assurance of performance when required 4305 under Section 14.10. 4306 H. A representation or warranty contained in Article 2 proves to be false or misleading 4307 in a material respect as of the date such representation or warranty was made. 4308 14.02 RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT 4309 A. Upon any Contractor default, Agency may terminate this Agreement or suspend it, in 4310 whole or in part. Such suspension or termination shall be effective thirty (30) Days 4311 after Agency has given notice of suspension or termination to Contractor, except that 4312 such notice may be effective in a shorter period of time, or immediately, if the 4313 Contractor default is one which endangers the health, welfare, or safety of the public, 4314 such as the failure to Collect Solid Waste, Recyclable Materials, or Organic Materials 4315 for the period of time specified in Section 14.01.C. Notice may be given orally in 4316 person or by telephone to the representative of Contractor designated in or under 4317 Section 15.10 (or, if he/she is unavailable, to a responsible employee of Contractor) 4318 6.2.B. - Page 119