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City of Pleasanton Article 11. Default and Remedies Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 123 June 7, 2022March 8, 2018 and provided further that the foregoing excuse shall be conditioned on Contractor's cooperation in 4314 making Collection at different times and in different locations. 4315 The Party claiming excuse from performance shall, within two (2) calendar days after such Party has notice 4316 of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to 4317 excuse under this Section. 4318 In the event that either Party validly exercises its rights under this Section, the Parties hereby waive any 4319 claim against each other for any damages sustained thereby. 4320 The partial or complete interruption or discontinuance of Contractor's services caused by one or more of 4321 the events described in this Article shall not constitute a default by Contractor under this Agreement. 4322 Notwithstanding the foregoing, however, (1) the existence of an excuse from performance will not affect 4323 the City's rights under Article 10; and (2) if Contractor is excused from performing its obligations 4324 hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, 4325 other than as the result of third party labor disputes where service cannot be provided for reasons 4326 described earlier in this Section, the City shall nevertheless have the right, in its sole discretion, to 4327 terminate this Agreement by giving ten (10) calendar days’ notice, in which case the provisions of Section 4328 11.3 shall apply. 4329 11.8 Right to Demand Assurances of Performance 4330 If Contractor (1) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 4331 picketing or other concerted job action; (2) appears in the reasonable judgment of City to be unable to 4332 regularly pay its bills as they become due; or (3) is the subject of a civil or criminal judgment or order 4333 entered by a federal, State, regional or local agency for violation of an environmental law, and the City 4334 Manager or their designee believes in good faith that Contractor's ability to perform under the Agreement 4335 has thereby been placed in substantial jeopardy, the City may, at its option and in addition to all other 4336 remedies it may have, demand from Contractor reasonable assurances of timely and proper performance 4337 of this Agreement, in such form and substance as the City Manager or their designee believes in good 4338 faith is reasonably necessary in the circumstances to evidence continued ability to perform under the 4339 Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper 4340 performance in the form and by the date required by City, such failure or refusal shall be an event of 4341 default for purposes of Section 11.1. 4342