RES 2025015 - Laserfiche WebLink

April 1, 2025 51 City of Pleasanton/GreenWaste Recovery, LLC 11.6 City’s Remedies in the Event of Default 1960 Upon a determination by the City that an Event of Default has occurred, the City has the following remedies: 1961 A. Waiver of Default. The City may waive any Event of Default if the City determines that such waiver would be 1962 in the best interest of the City. The City’s waiver of an Event of Default is not a waiver of future events of 1963 default that may have the same or similar conditions. 1964 B. Right to Terminate. The City Council may terminate this Agreement. The City Council shall conduct a hearing 1965 upon ten (10) Days’ written notice to Contractor to determine if termination is in the best interests of the 1966 public health, safety, and welfare of the citizens of the City. In the event the City Council decides to terminate 1967 this Agreement, termination shall be effective thirty (30) Days, or such other period determined by the City 1968 Council, after the City has given written notice to Contractor. 1969 C. Right to Suspend. The City Council may suspend this Agreement, in whole or in part, if Contractor fails to cure 1970 within the time frame specified in Section 11.2, until Contractor can provide assurance of performance in 1971 accordance with Section 11.11. However, Contractor shall have at a minimum, a right to compensation for 1972 the Services it continues to perform during any suspension. For the purposes of this Section, “suspend” means 1973 to temporarily freeze, set aside, and make inoperative one or more provisions of this Agreement. 1974 D. Other Available Remedies. The City’s election of one or more remedies described herein shall not limit the 1975 City from any and all other remedies at law and in equity, such as a right to immediately contract with another 1976 service provider. 1977 11.7 Specific Performance 1978 By virtue of the nature of this Agreement, the urgency of timely, continuous, and high quality service, the lead time 1979 required to effect alternative service, and the rights granted by the City to Contractor, the remedy of damages for a 1980 breach hereof by Contractor is inadequate and the City shall be entitled to injunctive relief. 1981 11.8 City’s Remedies Cumulative 1982 The City’s rights to suspend or terminate this Agreement, to obtain specific performance, and to perform under this 1983 Article are not exclusive, and the City ’s exercise of one such right shall not constitute an election of remedies. 1984 Instead, they shall be in addition to any and all other legal and equitable rights and remedies that the City may have, 1985 including a legal Action for damages or imposition of Liquidated Damages under Exhibit B. 1986 11.9 Liquidated Damages 1987 The Parties agree that, as of the time of execution of this Agreement, it is impractical and extremely difficult to 1988 reasonably ascertain the extent of damages that the City will suffer as a result of a breach by Contractor of its 1989 obligations under this Agreement. The Parties acknowledge that consistent and reliable Acceptance, Processing, and 1990 Diversion Services are of utmost importance to the City. The Parties further recognize that some quantifiable 1991 standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. 1992 Therefore, without prejudice to the City’s right to treat such non-performance as an Event of Default, and in addition 1993 to any other remedies provided for in this Agreement, the City may assess Liquidated Damages for Contractor’s 1994 failure to meet specific performance standards, and Contractor agrees to pay the Liquidated Damages amounts 1995 specified in Exhibit B. Liquidated Damages are paid as damages, and not as a penalty. The Parties agree that the 1996 amounts set forth in Exhibit B represent a reasonable estimate of the amount of the damages that the City will suffer 1997 for the specified breaches, considering all of the circumstances existing on the date of this Agreement. 1998