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City of Pleasanton Article 11. Default and Remedies Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 116 June 7, 2022 ARTICLE 11. DEFAULT AND REMEDIES 4158 11.1 Events of Default 4159 All provisions of the Agreement are considered material. Each of the following shall constitute an event 4160 of default. 4161 A. Fraud or Deceit. Contractor practices, or attempts to practice, any fraud or deceit upon the City. 4162 B. Insolvency or Bankruptcy. Contractor becomes insolvent, unable, or unwilling to pay its debts, or 4163 upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding. 4164 C. Failure to Maintain Coverage. Contractor fails to provide or maintain in full force and effect the 4165 Workers' Compensation, liability, or indemnification coverage as required by this Agreement. 4166 D. Violations of Regulation. Contractor violates any orders or filings of any regulatory body having 4167 authority over Contractor relative to this Agreement, provided that Contractor may contest any 4168 such orders or filings by appropriate proceedings conducted in good faith, in which case no breach 4169 or default of this Agreement shall be deemed to have occurred. 4170 E. Violations of Applicable Law. Contractor violates Applicable Law relative to this Agreement. 4171 F. Failure to Perform Collection, Transportation, Processing, or Composting Services. Contractor 4172 ceases to provide Collection, Transportation, Processing, or Composting services as required under 4173 this Agreement for a period of two (2) consecutive calendar days or more, for any reason within the 4174 control of Contractor. 4175 G. Failure to Pay or Report. Contractor fails to make any payments to City required under this 4176 Agreement including payment of City fees or Liquidated Damages and/or refuses to provide City 4177 with required information, reports, and/or records in a timely manner as provided for in the 4178 Agreement. 4179 H. Acts or Omissions. Any other act or omission by Contractor which violates the terms, conditions, 4180 or requirements of this Agreement, AB 939, as it may be amended from time to time, or any 4181 Applicable Law, statute, ordinance, order, directive, rule, or regulation issued there under and 4182 which is not corrected or remedied within the time set in the written notice of the violation or, if 4183 Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, 4184 if Contractor should fail to commence to correct or remedy such violation within the time set forth 4185 in such notice and diligently effect such correction or remedy thereafter. 4186 I. False, Misleading, or Inaccurate Statements. Any representation or disclosure made to the City by 4187 Contractor in connection with or as an inducement to entering into this Agreement, or any future 4188 amendment to this Agreement, which proves to be false or misleading in any material respect as of 4189 the time such representation or disclosure is made, whether or not any such representation or 4190 disclosure appears as part of this Agreement; and, any Contractor-provided report containing a 4191 misstatement, misrepresentation, data manipulation, or an omission of fact or content explicitly 4192 defined by the Agreement, excepting non-numerical typographical and grammatical errors. 4193