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City of Pleasanton Article 11. Default and Remedies Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 118 June 7, 2022March 8, 2018 ARTICLE 11. DEFAULT AND REMEDIES 4130 11.1 Events of Default 4131 All provisions of the Agreement are considered material. Each of the following shall constitute an event 4132 of default. 4133 A. Fraud or Deceit. Contractor practices, or attempts to practice, any fraud or deceit upon the City. 4134 B. Insolvency or Bankruptcy. Contractor becomes insolvent, unable, or unwilling to pay its debts, or 4135 upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding. 4136 C. Failure to Maintain Coverage. Contractor fails to provide or maintain in full force and effect the 4137 Workers' Compensation, liability, or indemnification coverage as required by this Agreement. 4138 D. Violations of Regulation. Contractor violates any orders or filings of any regulatory body having 4139 authority over Contractor relative to this Agreement, provided that Contractor may contest any 4140 such orders or filings by appropriate proceedings conducted in good faith, in which case no breach 4141 or default of this Agreement shall be deemed to have occurred. 4142 E. Violations of Applicable Law. Contractor violates Applicable Law relative to this Agreement. 4143 F. Failure to Perform Collection, Transportation, Processing, or Composting Services. Contractor 4144 ceases to provide Collection, Transportation, Processing, or Composting services as required under 4145 this Agreement for a period of two (2) consecutive calendar days or more, for any reason within the 4146 control of Contractor. 4147 G. Failure to Pay or Report. Contractor fails to make any payments to City required under this 4148 Agreement including payment of City fees or Liquidated Damages and/or refuses to provide City 4149 with required information, reports, and/or records in a timely manner as provided for in the 4150 Agreement. 4151 H. Acts or Omissions. Any other act or omission by Contractor which violates the terms, conditions, 4152 or requirements of this Agreement, AB 939, as it may be amended from time to time, or any law, 4153 statute, ordinance, order, directive, rule, or regulation issued there under and which is not 4154 corrected or remedied within the time set in the written notice of the violation or, if Contractor 4155 cannot reasonably correct or remedy the breach within the time set forth in such notice, if 4156 Contractor should fail to commence to correct or remedy such violation within the time set forth in 4157 such notice and diligently effect such correction or remedy thereafter. 4158 I. False, Misleading, or Inaccurate Statements. Any representation or disclosure made to the City by 4159 Contractor in connection with or as an inducement to entering into this Agreement, or any future 4160 amendment to this Agreement, which proves to be false or misleading in any material respect as of 4161 the time such representation or disclosure is made, whether or not any such representation or 4162 disclosure appears as part of this Agreement; and, any Contractor-provided report containing a 4163 misstatement, misrepresentation, data manipulation, or an omission of fact or content explicitly 4164 defined by the Agreement, excepting non-numerical typographical and grammatical errors. 4165