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City of Pleasanton Article 11. Default and Remedies Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 120 June 7, 2022March 8, 2018 A. Termination. In the event that Contractor should default and subject to the right of the Contractor 4200 to cure, in the performance of any provisions of this contract, and the default is not cured for any 4201 default within in ten (10) calendar days if the default creates a potential public health and safety 4202 threat or arises under Section 11.1.C., E, F, I, J, or K, or otherwise thirty (30) calendar days after 4203 receipt of written notice of default from the City, then the City may, at its option, terminate this 4204 Agreement and/or hold a hearing at its next City Council meeting to determine whether this 4205 Agreement should be terminated. In the event City decides to terminate this Agreement, the City 4206 shall serve twenty (20) calendar days’ written notice of its intention to terminate upon Contractor. 4207 In the event City exercises its right to terminate this Agreement, the City may, at its option, upon 4208 such termination, either directly undertake performance of the services or arrange with other 4209 Persons to perform the services with or without a written agreement. This right of termination is 4210 in addition to any other rights of City upon a failure of Contractor to perform its obligations under 4211 this Agreement. Upon termination, the City shall have the right to use equipment and Facilities 4212 pursuant to Section 11.4. 4213 Contractor shall not be entitled to any further revenues from Collection operations authorized 4214 hereunder from and after the effective date of termination. 4215 B. Suspension of Contractor’s Obligation. City may suspend Contractor’s performance of its 4216 obligations if Contractor fails to cure default in the time frame specified in Section 11.2 until such 4217 time the Contractor can provide assurance of performance in accordance with Section 11.8. During 4218 the period of suspension, City shall have the right to use equipment and Facilities pursuant to 4219 Section 11.4. 4220 C. Waiver of Default. City may waive any event of default or may waive Contractor’s requirement to 4221 cure a default event if City determines that such waiver would be in the best interest of the City. 4222 City’s waive of an event of default is not a waiver of future events of default that may have the same 4223 or similar conditions. 4224 D. Liquidated Damages. City may assess Liquidated Damages for Contractor’s failure to meet specific 4225 performance standards pursuant to Section 11.6 and Exhibit E. 4226 E. Other Available Remedies. City’s election of one or more remedies described herein shall not limit 4227 the City from any and all other remedies at law and in equity including injunctive relief, etc. 4228 11.4 Possession of Property upon Termination or Suspension 4229 In the event of termination or suspension for default, the City shall have the right to take possession of 4230 any and all of Contractor's equipment and other property used or useful in the Collection, Transportation, 4231 Processing, and Disposal of Solid Waste, Recyclable Materials Organic Materials, C&D or Bulky Items and 4232 the billing and collection of fees for these services and to use such property. The City shall have the right 4233 to retain the possession of such property in accordance with Article 10. If the City retains possession 4234 thereof after the period of time for which Contractor has already been paid by means of bills issued in 4235 advance of providing service for the class of service involved, the Contractor shall be entitled to the 4236 reasonable rental value of such property (which shall be offset against any damages due the City for the 4237 Contractor's default). 4238