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<br />1 11.10 ASSURANCE OF PERFORMANCE <br /> <br />2 If the Authority in its reasonable judgment determines that Contractor (1) has repeatedly <br />3 incurred liquidated damages under Section 11.07; (2) is the subject of any labor unrest <br />4 including work stoppage or slowdown, sickout, picketing or other concerted job action; <br />5 (3) appears to be unable to regularly pay its bills as they become due; (4) is the subject <br />6 of a civil or criminal proceeding brought by a federal, state, regional or local agency for <br />7 violation of laws, regulations or permits in the performance of this Agreement, or (5) <br />8 performs in a manner that causes uncertainty about Contractor's ability and intention to <br />9 comply with this Agreement, the Authority may, at its option and in addition to all other <br />10 rights and remedies it may have, demand from Contractor reasonable assurances of <br />11 timely and proper performance of this Agreement, in such form and substance as the <br />12 Authority may require. <br /> <br />Operating Agreement for Shoreway Center <br /> <br />Page - 46 - <br /> <br />7/30/09 <br />