RES 2025015 - Laserfiche WebLink

April 1, 2025 49 City of Pleasanton/GreenWaste Recovery, LLC J. Other Insurance Requirements. 1888 (1) Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance 1889 shall not relieve Contractor from any obligation under this Agreement. If any claim exceeding the 1890 amount of any deductibles or self-insured reserves is made by any third Person against Contractor on 1891 account of any occurrence related to this Agreement, Contractor shall promptly report the facts in 1892 writing to the insurance carrier and to the City . 1893 (2) If Contractor fails to procure and maintain any insurance required by this Agreement, the City may take 1894 out and maintain, at Contractor’s expense, such insurance as it may deem proper and deduct the cost 1895 thereof from any monies due Contractor. 1896 ARTICLE 11 1897 BREACH, DEFAULT, REMEDIES, AND TERMINATION 1898 11.1 Events of Breach 1899 All provisions of this Agreement are considered material and a Party’s failure to perform any provision shall 1900 constitute an Event of Breach. In addition, each of the following shall also constitute an Event of Breach: 1901 A. Failure to Maintain Coverage. Contractor fails to provide or maintain in full force and affect the Workers’ 1902 Compensation, liability, or indemnification coverage as required by this Agreement. 1903 B. Violations of Applicable Law. Contractor violates Applicable Law relative to this Agreement, including any 1904 orders or filings of any regulatory body having authority over Contractor relative to this Agreement, provided 1905 that Contractor may contest any such orders or filings by in good faith, in which case no breach or default of 1906 this Agreement shall be deemed to have occurred upon final resolution of the contest or appeal in favor of 1907 Contractor. 1908 C. Failure to Pay or Report. Contractor fails to make any payments to the City required under this Agreement, 1909 and/or refuses to provide the City with required information, reports, and/or records in a timely manner as 1910 provided for in this Agreement. 1911 D. Seizure or Attachment. There is a seizure or attachment of, or levy on, some or all of Contractor’s operating 1912 equipment, including, without limitation, its maintenance or office facilities, or any part thereof. 1913 E. Criminal Activity of Employee. If a Contractor’s employee (other than officers or managers) is found guilty of 1914 Criminal Activity related to performance of this Agreement or any other agreement held with the City, 1915 Contractor shall immediately notify the City upon the occurrence of any convictions or pleas. 1916 F. Failure to Provide Capacity. Contractor fails to provide adequate capacity in accordance with Section 5.6. 1917 G. Breach or Default of Other City Agreement. If Contractor or its Affiliate has entered into an agreement with 1918 the City for services outside the scope of this Agreement and is in breach or default of that agreement. 1919 11.2 Contractor Rights to Remedy Breach 1920 The City shall promptly or as soon as practicable provide Contractor with written notice of an Event of Breach. Upon 1921 written notice, Contractor shall have ten (10) Days to cure the breach. However, if Contractor demonstrates that (a) 1922