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RES 221299
City of Pleasanton
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RES 221299
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7/14/2022 11:14:47 AM
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6/22/2022 11:32:12 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/7/2022
DESTRUCT DATE
PERMANENT
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City of Pleasanton Article 11. Default and Remedies <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 117 June 7, 2022 <br />J. Seizure or Attachment. There is a seizure of, attachment of, or levy on, some or all of Contractor’s 4194 <br />operating equipment, including without limits its equipment, maintenance or office facilities, or any 4195 <br />part thereof. 4196 <br />K. Suspension or Termination of Service. There is any termination or suspension of the transaction 4197 <br />of business by Contractor related to this Agreement, including without limit, due to labor unrest 4198 <br />including strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action 4199 <br />lasting more than two (2) calendar days. 4200 <br />L. Criminal Activity. Contractor, its officers, managers, or employees are found guilty of criminal 4201 <br />activity related directly or indirectly to performance of this Agreement or any other Agreement held 4202 <br />with the City as further described in Section 12.16.1. 4203 <br />M. Assignment without Approval. Contractor transfers or assigns this Agreement without the 4204 <br />expressed written approval of the City unless the assignment is permitted without City approval 4205 <br />pursuant to Section 12.5. 4206 <br />N. Failure to Provide Proposal or Implement Change in Service. Contractor fails to provide a proposal 4207 <br />for new services or changes to services or fails to implement a change in service as requested by 4208 <br />the City as specified in Section 4.3. 4209 <br />O. Failure to Perform Any Obligation. Contractor fails to perform any obligation established under 4210 <br />this Agreement. 4211 <br />City shall provide Contractor written notice of default within twenty-four (24) hours of the occurrence of 4212 <br />default or within twenty-four (24) hours of the City’s first knowledge of the Contractor’s default, 4213 <br />whichever occurs first. 4214 <br />11.2 Contractor Rights to Remedy Default 4215 <br />Contractor shall be given ten (10) calendar days from written notification by City to cure any default which, 4216 <br />in the City’s sole opinion, creates a potential public health and safety threat. 4217 <br />Contractor shall be given ten (10) calendar days from written notification by City to cure any default arising 4218 <br />under subsections C, E, F, I, J and K in Section 11.1 provided, however, that the City shall not be obligated 4219 <br />to provide Contractor with a notice and cure opportunity if the Contractor has committed the same or 4220 <br />similar breach/default within a twenty-four (24) month period. 4221 <br />Contractor shall be given thirty (30) calendar days from written notification by City to cure any other 4222 <br />default (which is not required to be cured within ten (10) calendar days); however, that the City shall not 4223 <br />be obligated to provide Contractor with a notice and cure opportunity if the Contractor has committed 4224 <br />the same or similar breach/default within a twenty-four (24) month period. 4225 <br />11.3 City’s Remedies in the Event of Default 4226 <br />Upon Contractor’s default, City has the following remedies in the event of Contractor default: 4227
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