Agmt18 Recology - Laserfiche WebLink

Browse Search

4489 In the event of an asserted Agency default, Contractor shall continue to perform all of its 4490 obligations hereunder until a court of competent jurisdiction has issued a final judgment 4491 declaring that Agency is in default. 4492 14.09 EXCUSE FROM PERFORMANCE 4493 A. Force Maieure. Neither Party shall be in default of its obligations under this 4494 Agreement in the event, and for so long as, it is impossible or extremely 4495 impracticable for it to perform its obligations due to an "act of God" (including, but 4496 not limited to, flood, earthquake, or other catastrophic events), war, insurrection, 4497 riot, labor unrest of other than the Party's employees (including strike, work 4498 stoppage, slowdown, sick out, picketing, or other concerted job action), or other 4499 similar cause not the fault of, and beyond the reasonable control of, the Party 4500 claiming excuse. A Party claiming excuse under this Section must (i) have taken 4501 reasonable precautions, if possible, to avoid being affected by the cause, and (ii) 4502 notify the other Party in writing as provided in Subsection C. 4503 B. Obliaation to Restore Abilitv to Perform. Any suspension of performance by a 4504 Party pursuant to this Section shall be only to the extent, and for a period of no 4505 longer duration than, required by the nature of the event, and the Party claiming 4506 excuse shall use its best efforts to remedy its inability to perform as quickly as 4507 possible and to mitigate damages that may occur as result of the event. 4508 C. Notice. The Party claiming excuse shall deliver to the other Party a written notice 4509 of intent to claim excuse from performance under this Agreement by reason of an 4510 event of Force Majeure. Notice required by this Section shall be given promptly in 4511 light of the circumstances, but in any event not later than five (5) Days after the 4512 occurrence of the event of Force Majeure. Such notice shall describe in detail the 4513 event of Force Majeure claimed, the services impacted by the claimed event of 4514 Force Majeure, the expected length of time that the Party expects to be prevented 4515 from performing, the steps which the Party intends to take to restore its ability to 4516 perform, and such other information as the other Party reasonably requests. 4517 D. Aaencv's Riahts in the Event of Force Maieure. The partial or complete 4518 interruption or discontinuance of Contractor's services caused by an event of Force 4519 Majeure shall not constitute a Contractor default. Notwithstanding the foregoing: (i) 4520 Agency shall have the right to make use of Contractors Facilities and equipment in 4521 accordance with Article 12 in the event of non-performance excused by Force 4522 Majeure; (ii) if Contractor's failure to perform by reason of Force Majeure continues 4523 for a period of thirty (30) Days or more, Agency shall have the right to immediately 4524 terminate this Agreement; (iii) if Contractor is unable to Collect and transport Solid 4525 Waste as required by this Agreement for a period of two (2) or more consecutive 4526 Business Days or for any three (3) Business Days in a seven (7) Day period as a 4527 result of Force Majeure, Agency shall have the right to make use of Contractors 4528 Facilities and equipment in accordance with Article 12, and (iv) if Contractors 4529 inability to Collect and transport Solid Waste continues for two (2) Days or more 4530 from the date by which Contractor gave or should have given notice under 4531 Subsection C, Agency may terminate this Agreement. REV: 03-16-18 MI Page 111 of 126 ATTY/AGR.2018.054/Recology of San Mateo