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 109 of 119 14.09 EXCUSE FROM PERFORMANCE 4407 A. Force Majeure. Neither Party shall be in default of its obligations under this 4408 Agreement in the event, and for so long as, it is impossible or extremely impracticable 4409 for it to perform its obligations due to an “act of God” (including, but not limited to, 4410 flood, earthquake, or other catastrophic events), war, insurrection, riot, labor unrest 4411 of other than the Party’s employees (including strike, work stoppage, slowdown, sick 4412 out, picketing, or other concerted job action), or other similar cause not the fault of, 4413 and beyond the reasonable control of, the Party claiming excuse. A Party claiming 4414 excuse under this Section must (i) have taken reasonable precautions, if possible, to 4415 avoid being affected by the cause, and (ii) notify the other Party in writing as provided 4416 in Subsection C. 4417 B. Obligation to Restore Ability to Perform. Any suspension of performance by a 4418 Party pursuant to this Section shall be only to the extent, and for a period of no longer 4419 duration than, required by the nature of the event, and the Party claiming excuse shall 4420 use its best efforts to remedy its inability to perform as quickly as possible and to 4421 mitigate damages that may occur as result of the event. 4422 C. Notice. The Party claiming excuse shall deliver to the other Party a written notice of 4423 intent to claim excuse from performance under this Agreement by reason of an event 4424 of Force Majeure. Notice required by this Section shall be given promptly in light of 4425 the circumstances, but in any event not later than five (5) Days after the occurrence 4426 of the event of Force Majeure. Such notice shall describe in detail the event of Force 4427 Majeure claimed, the services impacted by the claimed event of Force Majeure, the 4428 expected length of time that the Party expects to be prevented from performing, the 4429 steps which the Party intends to take to restore its ability to perform, and such other 4430 information as the other Party reasonably requests. 4431 D. Agency's Rights in the Event of Force Majeure. The partial or complete 4432 interruption or discontinuance of Contractor’s services caused by an event of Force 4433 Majeure shall not constitute a Contractor default. Notwithstanding the foregoing: (i) 4434 Agency shall have the right to make use of Contractor’s Facilities and equipment in 4435 accordance with Article 12 in the event of non-performance excused by Force 4436 Majeure; (ii) if Contractor’s failure to perform by reason of Force Majeure continues 4437 for a period of thirty (30) Days or more, Agency shall have the right to immediately 4438 terminate this Agreement; (iii) if Contractor is unable to Collect and transport Solid 4439 Waste as required by this Agreement for a period of two (2) or more consecutive 4440 Business Days or for any three (3) Business Days in a seven (7) Day period as a 4441 result of Force Majeure, Agency shall have the right to make use of Contractor’s 4442 Facilities and equipment in accordance with Article 12, and (iv) if Contractor’s inability 4443 to Collect and transport Solid Waste continues for two (2) Days or more from the date 4444 by which Contractor gave or should have given notice under Subsection C, Agency 4445 may terminate this Agreement. 4446 14.10 ASSURANCE OF PERFORMANCE 4447 If Contractor (i) persistently suffers the imposition of Liquidated Damages under Section 4448 14.07; (ii) is the subject of any labor unrest including work stoppage or slowdown, sickout, 4449 picketing, or other concerted job action; (iii) appears in the reasonable judgment of Agency 4450 6.2.B. - Page 122