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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
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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 121 June 7, 2022 <br />and provided further that the foregoing excuse shall be conditioned on Contractor's cooperation in 4341 <br />making Collection at different times and in different locations. 4342 <br />The Party claiming excuse from performance shall, within two (2) calendar days after such Party has notice 4343 <br />of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to 4344 <br />excuse under this Section. 4345 <br />In the event that either Party validly exercises its rights under this Section, the Parties hereby waive any 4346 <br />claim against each other for any damages sustained thereby. 4347 <br />The partial or complete interruption or discontinuance of Contractor's services caused by one or more of 4348 <br />the events described in this Article shall not constitute a default by Contractor under this Agreement. 4349 <br />Notwithstanding the foregoing, however, (i) the existence of an excuse from performance will not affect 4350 <br />the City's rights under Article 10; and (ii) if Contractor is excused from performing its obligations 4351 <br />hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, 4352 <br />other than as the result of third party labor disputes where service cannot be provided for reasons 4353 <br />described earlier in this Section, the City shall nevertheless have the right, in its sole discretion, to 4354 <br />terminate this Agreement by giving ten (10) calendar days’ notice, in which case the provisions of Section 4355 <br />11.3 shall apply. 4356 <br />11.8 Right to Demand Assurances of Performance 4357 <br />If Contractor (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 4358 <br />picketing, or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to 4359 <br />regularly pay its bills as they become due; or (iii) is the subject of a civil or criminal judgment or order 4360 <br />entered by a federal, State, regional or local agency for violation of an environmental law, and the City 4361 <br />Manager or their designee believes in good faith that Contractor's ability to perform under the Agreement 4362 <br />has thereby been placed in substantial jeopardy, the City may, at its option and in addition to all other 4363 <br />remedies it may have, demand from Contractor reasonable assurances of timely and proper performance 4364 <br />of this Agreement, in such form and substance as the City Manager or their designee believes in good 4365 <br />faith is reasonably necessary in the circumstances to evidence continued ability to perform under the 4366 <br />Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper 4367 <br />performance in the form and by the date required by City, such failure or refusal shall be an event of 4368 <br />default for purposes of Section 11.1. 4369
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