RES 221299 - Laserfiche WebLink

City of Pleasanton Article 11. Default and Remedies Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 117 June 7, 2022 J. Seizure or Attachment. There is a seizure of, attachment of, or levy on, some or all of Contractor’s 4194 operating equipment, including without limits its equipment, maintenance or office facilities, or any 4195 part thereof. 4196 K. Suspension or Termination of Service. There is any termination or suspension of the transaction 4197 of business by Contractor related to this Agreement, including without limit, due to labor unrest 4198 including strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action 4199 lasting more than two (2) calendar days. 4200 L. Criminal Activity. Contractor, its officers, managers, or employees are found guilty of criminal 4201 activity related directly or indirectly to performance of this Agreement or any other Agreement held 4202 with the City as further described in Section 12.16.1. 4203 M. Assignment without Approval. Contractor transfers or assigns this Agreement without the 4204 expressed written approval of the City unless the assignment is permitted without City approval 4205 pursuant to Section 12.5. 4206 N. Failure to Provide Proposal or Implement Change in Service. Contractor fails to provide a proposal 4207 for new services or changes to services or fails to implement a change in service as requested by 4208 the City as specified in Section 4.3. 4209 O. Failure to Perform Any Obligation. Contractor fails to perform any obligation established under 4210 this Agreement. 4211 City shall provide Contractor written notice of default within twenty-four (24) hours of the occurrence of 4212 default or within twenty-four (24) hours of the City’s first knowledge of the Contractor’s default, 4213 whichever occurs first. 4214 11.2 Contractor Rights to Remedy Default 4215 Contractor shall be given ten (10) calendar days from written notification by City to cure any default which, 4216 in the City’s sole opinion, creates a potential public health and safety threat. 4217 Contractor shall be given ten (10) calendar days from written notification by City to cure any default arising 4218 under subsections C, E, F, I, J and K in Section 11.1 provided, however, that the City shall not be obligated 4219 to provide Contractor with a notice and cure opportunity if the Contractor has committed the same or 4220 similar breach/default within a twenty-four (24) month period. 4221 Contractor shall be given thirty (30) calendar days from written notification by City to cure any other 4222 default (which is not required to be cured within ten (10) calendar days); however, that the City shall not 4223 be obligated to provide Contractor with a notice and cure opportunity if the Contractor has committed 4224 the same or similar breach/default within a twenty-four (24) month period. 4225 11.3 City’s Remedies in the Event of Default 4226 Upon Contractor’s default, City has the following remedies in the event of Contractor default: 4227