RES 2025015 - Laserfiche WebLink

April 1, 2025 52 City of Pleasanton/GreenWaste Recovery, LLC A. Prior to assessing Liquidated Damages, the City shall give Contractor written notice of its intention to do so. 1999 The notice shall include a brief description of the incident(s)/non-performance giving rise to the damages. 2000 B. The City shall assess Liquidated Damages and provide Contractor with a written explanation of its 2001 determination for each incident(s)/non-performance. The City Contract Manager may, at their sole discretion, 2002 impose such Liquidated Damages for each Day or incident of non-performance with the Agreement. 2003 C. Contractor shall pay any Liquidated Damages assessed by the City within thirty (30) Days after they are 2004 assessed. If they are not paid within the thirty (30) Day period, the City may treat such failure as an Event of 2005 Default subject to the remedies in this Article. 2006 11.10 Excuse from Performance 2007 In the event that a Party is prevented from performing all or some of its obligations under this Agreement by an 2008 Uncontrollable Circumstance, it shall not constitute an Event of Breach or Default of this Agreement, so long as the 2009 Party in good faith has used its best efforts to perform its respective obligations. The Party claiming excuse from 2010 performance shall, within five (5) Days after such Party has notice of the effect of such cause, give the other Party 2011 notice of the facts constituting such cause and asserting its claim to excuse under this Section. Specifically, such 2012 information shall include the following: 2013 A. The Uncontrollable Circumstance and the cause thereof (to the extent known); 2014 B. The date the Uncontrollable Circumstance began, its estimated duration, and the estimated time during which 2015 the Party’s performance of its obligations hereunder will be delayed; and, 2016 C. Potential mitigating actions that might be taken by either Party and any areas where costs might be reduced 2017 and the approximate amount of such cost reductions. 2018 In the event that either Party validly exercises its rights under this Section, the Parties hereby waive any claim against 2019 each other for any damages sustained thereby. 2020 Labor unrest, including, but not limited to, strike, work stoppages or slowdown, sick-out, picketing, or other 2021 concerted job action conducted by Contractor’s employees, directed at Contractor, or a contractor or supplier of 2022 Contractor, is not an Uncontrollable Circumstance and will not excuse performance, and Contractor will be obligated 2023 to continue to perform in accordance with this Agreement. 2024 11.11 Right to Demand Assurances of Performance 2025 If the City believes in good faith that Contractor’s ability to perform under this Agreement has been placed in 2026 substantial jeopardy, the City may require that Contractor provide reasonable assurances that none of the events 2027 listed below will prevent Contractor from timely and proper performance of its obligations under this Agreement. 2028 Such events include, but are not limited to: 2029 A. Contractor or an Affiliate is the subject of any labor unrest including work stoppages or slowdown, sick-out, 2030 picketing, or other concerted job action affecting this Agreement; 2031 B. Contractor or an Affiliate appears, in the City’s reasonable judgment, unable to regularly pay its bills as they 2032 become due; or, 2033 C. Contractor or an Affiliate is the subject of a civil or criminal judgment or order entered by a Federal, State, 2034 Alameda County, regional, or local agency for violation of a law that may affect performance under this 2035