Laserfiche WebLink
6.3A <br /> Page 51 <br /> 1 ARTICLE 11 DEFAULT AND REMEDIES <br /> 2 11.01 EVENTS OF DEFAULT <br /> 3 Each of the following shall constitute an event of default ("Contractor Default"): <br /> 4 A. Contractor fails to perform any of its obligations under Sections 4.03 and 4.04 of <br /> 5 Article 4 or Articles 5 and 6 of this Agreement and its failure to perform is not cured <br /> 6 within ten (10) days after written notice from the Authority, provided that neither <br /> 7 notice nor opportunity to cure applies to events described in subsections C through <br /> 8 H. <br /> 9 B. Contractor fails to perform any of its obligations under any other provision of this <br /> 10 Agreement and its failure to perform is not cured within fifteen (15) days after written <br /> 11 notice from the Authority, provided that if the nature of the breach is such that it will <br /> 12 reasonably require more than fifteen (15) days to cure, Contractor shall not be in <br /> 13 default so long as it promptly commences the cure and diligently proceeds to <br /> 14 completion of the cure, and provided further that neither notice nor opportunity to <br /> 15 cure applies to events described in subsections C through H. <br /> 16 C. Contractor ceases to provide Shoreway Center operations or Solid <br /> 17 Waste/Recyclable Materials transportation services for a period of two (2) <br /> 18 consecutive business days for any reason within the Contractor's control, including <br /> 19 labor unrest such as strike, work stoppage or slowdown, sickout, picketing, or other <br /> 20 concerted job action by Contractor's employees or others. <br /> 21 D. Contractor files a voluntary petition for �elief under any bankruptcy, insolvency or <br /> 22 similar law. <br /> 23 E. An involuntary petition is brought against Contractor under any bankruptcy, <br /> 24 insolvency or similar law which remains undismissed or unstayed for ninety (90) <br /> 25 days. <br /> 26 F. Contractor fails to furnish a replacement bond or a continuation certi�cate of the <br /> 27 existing bond not less than ninety (90) days before expiration of the performance <br /> 28 bond, as required by Section 10.03 or fails to maintain all required insurance <br /> 29 coverages in force. <br /> 30 G. Contractor fails to provide reasonable assurance of performance when requested by <br /> 31 the Authority under this Agreement. <br /> 32 H. A representation or warranty contained in Article 3 proves to be false or misleading in <br /> 33 a ma#erial respect as of the date such representation or war�anty was made. <br /> 34 I. Contractor makes any other material misrepresentation to the Authority in <br /> 35 discharging any of its obligations under this Agreement. <br /> 36 11.02 RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT <br /> 37 A. Upon any Contractor Default, the Authority may terminate this Agreement or <br /> 38 suspend it, in whole or in part. Such suspension or termination shall be effective <br /> 39 thirty (30) days after the Authority has given notice of suspension or termination to <br /> 40 Contractor, except that such notice may be effective in a shorter period of time, or <br /> 41 immediately, if the Contractor Default is one which endangers the health, welfare or <br /> 42 safety of the public, such as the failure to process Solid Waste or Recyclable <br /> 43 Materials and arrange for their prompt disposal or recovery. Notice may be given <br /> Operating Agreement for Shoreway Center <br /> Page - 42 - 7/30/09 <br />