RES 2025015 - Laserfiche WebLink

April 1, 2025 53 City of Pleasanton/GreenWaste Recovery, LLC Agreement, including but not limited to environmental laws, or laws related to fraud and malfeasance of 2036 public contracts. 2037 If Contractor fails or refuses to provide the City with adequate information to establish its ability to perform within 2038 thirty (30) Days, such failure or refusal shall be an Event of Default for purposes of Section 11.4. 2039 11.12 Waiver of Defenses 2040 In order to ensure the non-interruption of a vital public service, except as provided in Section 11.10, Contractor 2041 acknowledges that it is solely responsible for providing the Services described herein, and hereby irrevocably waives 2042 the following defenses to the payment and performance of its obligations under this Agreement: any defense based 2043 upon failure of consideration, contract of adhesion, impossibility or impracticability of performance, commercial 2044 frustration of purpose, or the existence, non-existence, occurrence or non-occurrence of any foreseen or unforeseen 2045 fact, event, or contingency that may be a basic assumption of Contractor with regard to any provision of this 2046 Agreement. 2047 ARTICLE 12 2048 RESOLUTION OF DISPUTES 2049 12.1 Informal Resolution 2050 Should a dispute arise with respect to the performance and obligations of the Parties hereunder, at any time during 2051 the Term of this Agreement, the provisions of this Article shall apply. Either Party shall give the other written notice 2052 of such dispute . Such notice shall specify a date and location for the Parties to meet and confer in good faith to 2053 resolve any dispute that may arise in a cooperative and mutually satisfactory manner. The Parties shall attempt to 2054 resolve their disputes informally to the maximum extent possible. 2055 12.2 Mediation 2056 In the event the Parties cannot resolve such dispute within thirty (30) Days of such notice, either Party may propose 2057 the appointment of a mediator for advice and non-binding mediation, and the other Party shall attend such 2058 mediation. If the dispute is not resolved through mediation, within sixty (60) Days thereafter, then either Party may 2059 refer the matter to a Court of competent jurisdiction. 2060 12.3 Pendency of Dispute 2061 During the pendency of any dispute under this Article, all applicable time periods directly related to the dispute shall 2062 be tolled until its resolution; provided, however, that no tolling shall apply to any matters other than those directly 2063 related to the dispute and such tolling shall not entitle a Party to breach, default, or fail to perform its obligations 2064 under this Agreement. In addition, the pendency of any dispute shall not stay or affect the City’s remedies under 2065 this Agreement, including but not limited to its rights to terminate, suspend, or take possession of Contractor’s 2066 property. 2067