Criminal Activity of Company. Should Company or any of its officers or directors be "found guilty" of criminal conduct relating to its obligations hereunder, or other criminal conduct at any of Company's operations. The term "found guilty" shall be deemed to include any judicial determination that Company or any of Company's officers or directors are guilty, and any admission of guilt by Company, or any of Company's officers or directors including, but not limited to, the pleas of "guilty," "nolo contendere," "no contest," or "guilty to a lesser crime" entered as part of any plea bargain. Such criminal conduct includes, but is not limited to: (i) price fixing, (ii) illegal transport or disposal of hazardous or toxic materials, (iii) bribery of public officials, (iv) fraud or tampering, or (v) other such conduct which involves moral turpitude, but shall exclude misdemeanor criminal activity such as routine traffic violations. In the event of criminal conduct Town reserves the right to exercise one or more of the remedies specified below in Section 13D. Such action shall be taken after Company has been given notice and an opportunity to present evidence in mitigation.
Criminal Activity of Company. Should Company or any of its officers, directors or employees be found guilty of felonious conduct related to the performance of this Agreement, or of felonious conduct related to antitrust activities, illegal transport or disposal of hazardous or toxic materials, or bribery of public officials, City reserves the right to unilaterally terminate this Agreement or impose other such sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it shall deem proper. Such action shall be taken after Company has been given notice and opportunity to present evidence in mitigation. The term “found guilty” shall be deemed to include any judicial determination that Company or any of Company’s officers, directors or employees is guilty and any admission of guilt by Company or any of Company’s officers, directors or employees including, but not limited to, the plea of “guilty”, “nolo contendere”, “no contest”, and “guilty to a lesser charge” entered as part of any plea bargain. If this Agreement is terminated pursuant to the above, such termination shall not occur if, within six months after City determines to terminate, Company completes a transfer of its contract rights and obligations to an individual or entity acceptable to City pursuant to this Agreement.
