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 107 of 119 and shall be effective immediately. Written confirmation of such oral notice of 4319 suspension or termination shall be sent by personal delivery, facsimile, or other 4320 expedited means of delivery to Contractor within twenty-four (24) hours of the oral 4321 notification at the address shown in Section 15.09. Contractor shall continue to 4322 perform the portions of the Agreement, if any, not suspended, in full conformity with its 4323 terms. 4324 B. Agency may also suspend or terminate this Agreement, upon the same notice 4325 provisions, if Contractor’s ability to perform is prevented or materially interfered with 4326 by a cause which excuses nonperformance under Section 14.09, despite the fact that 4327 nonperformance in such a case is neither a breach nor a Contractor default. 4328 14.03 SPECIFIC PERFORMANCE 4329 By virtue of the nature of this Agreement, the urgency of timely, continuous, and high-4330 quality service, the lead time required to effect alternative service, and the rights granted 4331 by Agency to Contractor, the remedy of damages for a breach hereof by Contractor is 4332 inadequate and Agency shall be entitled to injunctive relief. 4333 14.04 RIGHT TO PERFORM; USE OF CONTRACTOR PROPERTY 4334 If this Agreement is suspended and/or terminated due to a Contractor default, Agency 4335 shall have the right to perform, by contract, in conjunction with other Member Agencies, 4336 or otherwise, the work herein or such part thereof as it may deem necessary. In the event 4337 of Contractor’s default, Agency shall have the right to use any of Contractor’s equipment, 4338 Facilities, and other property reasonably necessary for the provision of services hereunder 4339 and for the Billing and collection of Rates and Charges billed for those services, upon the 4340 terms provided in Article 12. Agency shall have the right to continue use of such property 4341 until other suitable arrangements can be made for the provision of such services, which 4342 may include the award of a contract to another service provider. 4343 14.05 DAMAGES 4344 Contractor shall be liable to Agency for all direct, indirect, special, and consequential 4345 damages arising out of Contractor’s default. This Section is intended to be declarative of 4346 existing California law. 4347 14.06 AGENCY’S REMEDIES CUMULATIVE 4348 Agency’s rights to suspend or terminate the Agreement under Section 14.02, to obtain 4349 specific performance under Section 14.03, and to perform under Section 14.04 are not 4350 exclusive, and Agency’s exercise of one such right shall not constitute an election of 4351 remedies. Instead, they shall be in addition to any and all other legal and equitable rights 4352 and remedies that Agency may have, including a legal action for damages under Section 4353 14.05 or imposition of Liquidated Damages under Section 14.07. 4354 14.07 LIQUIDATED DAMAGES 4355 The Parties acknowledge that consistent, courteous, and efficient Collection of Solid 4356 Waste, Targeted Recyclable Materials, and Organic Materials is of utmost importance and 4357 Agency has considered and relied on Contractor’s representations as to its quality of 4358 service commitment in entering into this Agreement. The Parties further recognize that 4359 quantified standards of performance are necessary and appropriate to ensure consistent 4360 6.2.B. - Page 120