Agmt09 South Bay Recycling, LLC - Laserfiche WebLink

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1 ARTICLE 11 DEFAULT AND REMEDIES 2 11.01 EVENTS OF DEFAULT 3 Each of the following shall constitute an event of default ("Contractor Default"): 4 A. Contractor fails to perform any of its obligations under Sections 4.03 and 4.04 of 5 Article 4 or Articles 5 and 6 of this Agreement and its failure to perform is not cured 6 within ten (10) days after written notice from the Authority, provided that neither 7 notice nor opportunity to cure applies to events described in subsections C through 8 H. 9 B. Contractor fails to perform any of its obligations under any other provision of this 10 Agreement and its failure to perform is not cured within fifteen (15) days after written 11 notice from the Authority, provided that if the nature of the breach is such that it will 12 reasonably require more than fifteen (15) days to cure, Contractor shall not be in 13 default so long as it promptly commences the cure and diligently proceeds to 14 completion of the cure, and provided further that neither notice_. nor opportunity to 15 cure applies to events described in subsections C through H. 16 C. Contractor ceases to provide Shoreway Center operations or Solid 17 Waste/Recyclable Materials transportation services for a period of two (2) 18 consecutive business days for any reason within the Contractor's control, including 19 labor unrest such as strike, work stoppage or slowdown, sickout, picketing, or other 20 concerted job action by Contractor's employees or others. 21 D. Contractor files a voluntary petition for relief under any bankruptcy, insolvency or 22 similar law. 23 E. An involuntary petition is brought against Contractor under any bankruptcy, 24 insolvency or similar law which remains undismissed or unstayed for ninety (90) 25 days. 26 F. Contractor fails to furnish a replacement bond or a continuation certificate of the 27 existing bond not less than ninety (90) days before expiration of the performance 28 bond, as required by Section 10.03 or fails to maintain all required insurance 29 coverages in force. 30 G. Contractor fails to provide reasonable assurance of performance when requested by 31 the Authority under this Agreement. 32 H. A representation or warranty contained in Article 3 proves to be false or misleading in 33 a material respect as of the date such representation or warranty was made. 34 I. Contractor makes any other material misrepresentation to the Authority in 35 discharging any of its obligations under this Agreement. 36 11.02 RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT 37 A. Upon any Contractor Default, the Authority may terminate this Agreement or 38 suspend it, in whole or in part. Such suspension or termination shall be effective 39 thirty (30) days after the Authority has given notice of suspension or termination to 40 Contractor, except that such notice may be effective in a shorter period of time, or 41 immediately, if the Contractor Default is one which endangers the health, welfare or 42 safety of the public, such as the failure to process Solid Waste or Recyclable 43 Materials and arrange for their prompt disposal or recovery. Notice may be given Operating Agreement for Shoreway Center Page - 42 - 7/30/09