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1 ARTICLE X <br />2 DEFAULT REMEDIES AND LIQUIDATED <br />3 DAMAGES <br /> <br />4 10.1 Events of Default <br />5 All provisions of this Agreement to be performed by Company are considered <br />6 material. Each of the following shall constitute an event of default. <br />7 A. Fraud or Deceit. If Company practices, or attempts to practice, any fraud or <br />8 deceit upon Agency. <br />9 B. Insolvency or Bankruptcy. If Company becomes insolvent, unable, or <br />10 unwilling to pay its debts, or upon listing of' an order for relief in favor of <br />11 Company in a bankruptcy proceeding. <br />12 C. Failure to Maintain Coverage. If Company fails to provide or maintain in full <br />13 force and effect the Workers' Compensation, liability, or indemnification <br />14 coverage as required by this Agreement. <br />15 D. Violations of Regulation. If Company facilities fall out of Full Regulatory <br />16 Compliance or if Company violates any orders or filings of any regulatory <br />17 body having jurisdiction over Company, which violation or non-compliance <br />18 materially affects Company's ability to perform under this Agreement, <br />19 provided that Company may contest any such orders or filings by <br />20 appropriate proceedings conducted in good faith, in which case no breach of <br />21 the Agreement shall be deemed to have occurred during the pendency of the <br />22 contestation or appeal, to the extent Company is able to adequately perform <br />23 during that period. <br />24 E. Failure to Perform. If Company fails to provide required reports or ceases to <br />25 provide Collection, processing, Composting, or Recycling services as required <br />26 under this Agreement for a period of five (5) days or more, for any reason <br />27 within the control of Company. <br />28 F. Failure to Pay. If Company fails to make any payments required under this <br />29 Agreement and/or refuses to provide Agency with required information, <br />30 reports, and/or records in a timely manner as provided for in the Agreement. <br />31 G. Acts or Omissions. Any other act or omission by Company which materially <br />32 violates the terms, conditions, or requirements of this Agreement, the <br />33 California Integrated Waste Management Act of 1989, as it may be amended <br />34 from time to time, or any order, directive, rule, or regulation issued <br />35 thereunder and which is not corrected or remedied within the time set in the <br /> <br /> Page 53 8/2/96 <br /> <br /> <br />