PLEASANTON GARBAGE FRANCHISE AGREEMENT 2022

City of Pleasanton Article 11. Default and Remedies Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 121 June 7, 2022 and provided further that the foregoing excuse shall be conditioned on Contractor's cooperation in 4341 making Collection at different times and in different locations. 4342 The Party claiming excuse from performance shall, within two (2) calendar days after such Party has notice 4343 of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to 4344 excuse under this Section. 4345 In the event that either Party validly exercises its rights under this Section, the Parties hereby waive any 4346 claim against each other for any damages sustained thereby. 4347 The partial or complete interruption or discontinuance of Contractor's services caused by one or more of 4348 the events described in this Article shall not constitute a default by Contractor under this Agreement. 4349 Notwithstanding the foregoing, however, (i) the existence of an excuse from performance will not affect 4350 the City's rights under Article 10; and (ii) if Contractor is excused from performing its obligations 4351 hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, 4352 other than as the result of third party labor disputes where service cannot be provided for reasons 4353 described earlier in this Section, the City shall nevertheless have the right, in its sole discretion, to 4354 terminate this Agreement by giving ten (10) calendar days’ notice, in which case the provisions of Section 4355 11.3 shall apply. 4356 11.8 Right to Demand Assurances of Performance 4357 If Contractor (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 4358 picketing, or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to 4359 regularly pay its bills as they become due; or (iii) is the subject of a civil or criminal judgment or order 4360 entered by a federal, State, regional or local agency for violation of an environmental law, and the City 4361 Manager or their designee believes in good faith that Contractor's ability to perform under the Agreement 4362 has thereby been placed in substantial jeopardy, the City may, at its option and in addition to all other 4363 remedies it may have, demand from Contractor reasonable assurances of timely and proper performance 4364 of this Agreement, in such form and substance as the City Manager or their designee believes in good 4365 faith is reasonably necessary in the circumstances to evidence continued ability to perform under the 4366 Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper 4367 performance in the form and by the date required by City, such failure or refusal shall be an event of 4368 default for purposes of Section 11.1. 4369