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City of Pleasanton Article 12. Other Agreements of the Parties Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 132 June 7, 2022March 8, 2018 or any other condition deemed appropriate short of termination) as it will deem proper, in the following 4639 events: 4640 A. Contractor fails to comply with material obligation set forth in Articles 5, 6, 7, 9 or 12 of this 4641 Agreement, subject to any cure provisions stated herein, or 4642 B. The Criminal Activity concerns or relates directly or indirectly to this Agreement. 4643 Contractor shall be given the opportunity to present evidence in mitigation during the thirty (30) day 4644 notice period. 4645 12.17 Material Change Notification Process 4646 Contractor recognizes that material changes in the number and type of Customers, the amount of Gross 4647 Rate Revenue collected from Customers, Change in Law, and other factors may impact financial results 4648 and expectations of or related to the Agreement. Therefore, the Contractor recognizes that it has an 4649 obligation to provide timely notices to the City of such changes and agrees to exercise diligence in 4650 monitoring conditions and to notify the City of any such changes or potential changes as soon as 4651 Contractor is aware of such. 4652 In addition, Contractor shall provide to City monthly reports tracking revenue billed and actual Gross Rate 4653 Revenue received as required by monthly reporting requirements in Section 6.3.2.F and quarterly reports 4654 as required by Section 6.3.3.L so that any material changes to revenues may be detected as quickly as 4655 possible. Contractor and City shall, at an agreed to time, meet to discuss the results of such analysis. In 4656 the event that there is a material difference between actual financial results and expectations, the City 4657 shall be entitled to request from Contractor or Contractor on its own, may initiate a Special Rate Review 4658 pursuant to Section 8.4. 4659