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4361 <br />4362 <br />ARTICLE 14 <br />DEFAULT AND REMEDIES <br />4363 14.01 EVENTS OF DEFAULT <br />4364 Each of the following shall constitute an event of default ("Contractor default') <br />4365 A. Contractor fails to perform its obligations under Article 5, 6, or 7 of this Agreement <br />4366 and its failure to perform is not cured within ten (10) Business Days after written <br />4367 notice from Agency. <br />4368 B. Contractor fails to perform its obligations under any other Article of this Agreement <br />4369 and its failure to perform is not cured within ten (10) Days after written notice from <br />4370 Agency, provided that if the nature of the failure is such that it will reasonably <br />4371 require more than ten (10) Days to cure, Contractor shall not be in default so long <br />4372 as it promptly commences the cure and diligently proceeds to completion of the <br />4373 cure, and provided further that neither notice nor opportunity to cure applies to <br />4374 events described in subsections C through H. <br />4375 <br />C. <br />Contractor ceases to provide Collection and transportation services for a period of <br />4376 <br />two (2) Business Days for any reason within the Contractor's control, including labor <br />4377 <br />unrest such as strike, work stoppage or slowdown, sickout, picketing, or other <br />4378 <br />concerted job action by Contractor's employees. <br />4379 <br />D. <br />Contractor files a voluntary petition for relief under any bankruptcy, insolvency, or <br />4380 <br />similar law. <br />4381 <br />E. <br />An involuntary petition is brought against Contractor under any bankruptcy, <br />4382 <br />insolvency, or similar law which remains un -dismissed or un -stayed for ninety (90) <br />4383 <br />Days. <br />4384 <br />F. <br />Contractor fails to furnish a replacement bond or a continuation certificate of the <br />4385 <br />existing bond not less than ten (10) Days before expiration of the performance <br />4386 <br />bond, as required by Section 13.03 or fails to maintain all required insurance <br />4387 <br />coverage in force. <br />4388 <br />G. <br />Contractor fails to provide reasonable assurance of performance when required <br />4389 <br />under Section 14.10. <br />4390 <br />H. <br />A representation or warranty contained in Article 2 proves to be false or misleading <br />4391 <br />in a material respect as of the date such representation or warranty was made. <br />4392 <br />14.02 RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT <br />4393 <br />A. <br />Upon any Contractor default, Agency may terminate this Agreement or suspend it, in <br />4394 <br />whole or in part. Such suspension or termination shall be effective thirty (30) Days <br />4395 <br />after Agency has given notice of suspension or termination to Contractor, except that <br />4396 <br />such notice may be effective in a shorter period of time, or immediately, if the <br />4397 <br />Contractor default is one which endangers the health, welfare, or safety of the public, <br />4398 <br />such as the failure to Collect Solid Waste, Recyclable Materials, or Organic Materials <br />4399 <br />for the period of time specified in Section 14.01.C. Notice may be given orally in <br />4400 <br />person or by telephone to the representative of Contractor designated in or under <br />REV: 03-16-18 MI <br />Page 108 of 126 <br />ATTY/AGR.2018.054/Recology of San Mateo <br />