RES 2025015 - Laserfiche WebLink

April 1, 2025 50 City of Pleasanton/GreenWaste Recovery, LLC the breach is curable; and, (b) ten (10) Days is insufficient to cure the breach, then Contractor shall receive thirty 1923 (30) Days in order to cure the breach or another extension of time agreed to by the City, provided such agreement 1924 shall not be unreasonably withheld. 1925 11.3 Acts Necessary to Perform Service 1926 Failure to specifically require an act necessary to perform any of the Services required under this Agreement does 1927 not relieve Contractor of its obligation to perform such act, or the service(s) dependent on such act. 1928 11.4 Event of Default 1929 Each of the following shall constitute an Event of Default, upon which the City shall promptly or as soon as practicable 1930 provide Contractor written notice of the default: 1931 A. Failure to Cure Breach. If Contractor fails to cure an Event of Breach as provided above in Section 11.1. 1932 B. Repeated Pattern of Breach. A pattern of breaches of this Agreement over time such that the combination 1933 of breaches constitutes a material failure by Contractor to perform its obligations, even if each individual 1934 breach is later cured. 1935 C. Fraud or Deceit. Contractor practices, or attempts to practice, any fraud or deceit upon the City. 1936 D. False or Misleading Statements. Any representation or disclosure made to the City by Contractor in 1937 connection with or as an inducement to entering into this Agreement, or any future amendment to this 1938 Agreement, which proves to be false or misleading in any material respect as of the time such representation 1939 or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement. 1940 In addition, any Contractor-provided report containing a misstatement, misrepresentation, data 1941 manipulation, or a deliberate omission of fact or content explicitly defined by the Agreement, excepting 1942 typographical and grammatical errors. 1943 E. Failure to Perform. Except as provided under Section 11.10, Contractor fails to provide Processing, Diversion, 1944 or any other Services as required under this Agreement for a minimum of either two (2) consecutive Business 1945 Days or three (3) non-consecutive Business Days within one (1) week. The City may give notice of Contractor’s 1946 failure to perform verbally by telephone to Contractor at its principal office and notice shall be effective 1947 immediately. Written confirmation of such verbal notification shall be sent to Contractor within twenty-four 1948 (24) hours of the verbal notification. 1949 F. Criminal Activity. Contractor, its officers, or managers are found guilty of Criminal Activity related to 1950 performance of this Agreement or any other agreement held with the City . Contractor shall immediately 1951 notify the City upon the occurrence of any convictions or pleas. 1952 G. Assignment without Approval. Contractor transfers or assigns this Agreement without express written 1953 approval of the City , unless the assignment is permitted without the City’s approval pursuant to Section 13.6. 1954 H. Insolvency or Bankruptcy. Contractor becomes insolvent, unable, or unwilling to pay its debts, a receiver is 1955 appointed or Contractor’s assets are involuntarily assigned, or upon listing of an order for relief in favor of 1956 Contractor in a bankruptcy proceeding. 1957 11.5 Event of Default Not Curable 1958 Contractor shall have no right to cure an Event of Default. 1959