Right to Demand Assurances of Performance. 1605 If the County believes in good faith that the Contractor's ability to perform under the Agreement has 1606 been placed in substantial jeopardy by one (1) of the events enumerated below, the County Contract 1607 Manager may, at his option and in addition to all other remedies the County may have, require that 1608 Contractor provide County Contract Manager with a financial surety instrument exceeding the 1609 performance bond amount provided under Section 12.3 and/or sufficient proof that none of the events 1610 enumerated below will in fact impair Contractor from performing its obligations under the Agreement:
1611 A. Contractor is the subject of any labor unrest, including work stoppages or slowdown, sick-out, 1612 picketing, or other concerted job action;
1613 B. Contractor appears, in the reasonable judgment of the County, to be unable to regularly pay its 1614 bills as they become due; or,
1615 C. Contractor is the subject of a civil or criminal judgment or order entered by a federal, state, 1616 regional, or local agency for violation of Applicable Law. 1617 If the Contractor fails or refuses to provide to the County adequate information to establish its ability to 1618 perform within thirty (30) days, such failure or refusal shall be an Event of Default for purposes of 1619 Section 13.1.A.
Right to Demand Assurances of Performance. If Contractor is: (i) the subject of any labor unrest including work stoppage or slowdown, sickout, picketing or other concerted job action; (ii) appears in the reasonable judgment of Town to be unable to regularly pay its bills as they become due; or (iii) is the subject of a civil or criminal investigation, charge, or judgment or order entered by a federal, state, regional or local agency for violation of a law relating to performance under this Agreement, and Town believes in good faith that Company's ability to perform under the Agreement has thereby been placed in substantial jeopardy, Town may, at its option and in addition to all other remedies it may have, demand from Company reasonable assurances of timely and proper performance of this Agreement, in such form and substance as Town believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under the Agreement. If Company fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by Town, such failure or refusal shall be an Event of Default for purposes of Article 13.
Right to Demand Assurances of Performance. 1196 The Parties acknowledge that it is of the utmost importance to Agency and the health and safety of all 1197 those members of the public residing or doing business within Agency who will be adversely affected by 1198 interrupted waste management service, that there be no material interruption in services provided 1199 under this Agreement. 1200 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick‐out, 1201 picketing or other concerted job action; (ii) appears in the reasonable judgment of Agency to be unable 1202 to regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 1203 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and Agency 1204 believes in good faith that Contractor's ability to perform under the Agreement has thereby been placed 1205 in substantial jeopardy, Agency may, at its sole option and in addition to all other remedies it may have, 1206 demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in 1207 such form and substance as Agency believes in good faith is reasonably necessary in the circumstances 1208 to evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide 1209 satisfactory assurances of timely and proper performance in the form and by the date required by 1210 Agency, such failure or refusal shall be an event of default for purposes of Section 10.1.
Right to Demand Assurances of Performance. The Parties acknowledge that it is of the utmost importance to the CITY and the health and safety of all those members of the public residing or doing business within the CITY who will be adversely affected by interrupted waste management service, that there is no material interruption in services provided under this Agreement. If the CONTRACTOR: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, picketing or other concerted job action; (ii) appears in the reasonable judgment of the CITY to be unable to regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order entered by a Federal, State, regional or local agency for violation of an Applicable Law, and the CITY believes in good faith that the CONTRACTOR’s ability to perform under this Agreement has thereby been placed in substantial jeopardy, the CITY may, at their sole option and in addition to all other remedies it may have, demand from the CONTRACTOR reasonable assurances of timely and proper performance of this Agreement, in such form and substance as the CITY believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under this Agreement. If the CONTRACTOR fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by the CITY, such failure or refusal shall be an event of default for purposes of Article 12.1.
Right to Demand Assurances of Performance. 1606 If the County believes in good faith that the Contractor's ability to perform under the Agreement has 1607 been placed in substantial jeopardy by one (1) of the events enumerated below, the County Contract 1608 Manager xxx, at his option and in addition to all other remedies the County may have, require that 1609 Contractor provide County Contract Manager with a financial surety instrument exceeding the 1610 performance bond amount provided under Section 12.3 and/or sufficient proof that none of the events 1611 enumerated below will in fact impair Contractor from performing its obligations under the Agreement: 1612 A. Contractor is the subject of any labor unrest, including work stoppages or slowdown, sick-out, 1613 picketing, or other concerted job action; 1614 B. Contractor appears, in the reasonable judgment of the County, to be unable to regularly pay its 1615 bills as they become due; or,
Right to Demand Assurances of Performance. The Parties acknowledge that it is of the utmost importance to the Agency and Members and the health and safety of all those members of the public residing or doing business within the Service Area who will be adversely affected by interrupted waste management service, that there is no material interruption in services provided under this Agreement. If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick‐out, picketing or other concerted job action; (ii) is in default under this Agreement and fails to cure the default, including within the time frame specified in Section 11.2, if applicable, (iii) appears in the reasonable judgment of the Agency to be unable to regularly pay its bills as they become due; or (iv) is the subject of a civil or criminal judgment or order entered by a Federal, State, regional or local agency for violation of an Applicable Law, and the Agency believes in good faith that Contractor’s ability to perform under the Agreement has thereby been placed in substantial jeopardy, the Agency may, at its sole option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as the Agency believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by the Agency, such failure or refusal shall be an event of default for purposes of Section 11.1.
Right to Demand Assurances of Performance. 2083 If Contractor: 2084 (i) Is the subject of any labor unrest including work stoppage or slowdown, sick-out, picketing or 2085 other concerted job action that affects Contractor’s performance under this Agreement; 2086 (ii) Appears in the judgment of the Authority to be unable to regularly pay its bills as they become 2087 due; or 2088 (iii) Is the subject of a civil or criminal proceeding brought by a federal, State, regional, or local 2089 agency for Violation of an Applicable Law with respect to Services; 2090 Such that the Authority reasonably believes such event has placed Contractor's ability to perform 2091 under this Agreement in substantial jeopardy, or 2092 (iv) If Authority disagrees with Contractor’s estimate of Landfill capacity required to meet 2093 Contractor’s warranty in accordance with subsection J of Section 9.2 or of remaining capacity, 2094 considering Contractor’s Disposal obligations to both Authority and other Persons, as contained in the 2095 Quarterly Report or otherwise, then following dispute resolution in accordance with Section 8.17 that 2096 concludes either of Contractor’s estimates is erroneous, at its option and in addition to all other 2097 remedies it may have, the Authority may demand from Contractor written assurances of timely and 2098 proper performance of this Agreement. Assurances include reduction or elimination of deductibles or 2099 self-insured retention with respect to insurance or procuring a bond or letter of credit guarantying or 2100 in size sufficient to cover payment of losses and related investigations, claim administration and 2101 defense expenses. If Contractor fails or refuses to provide reasonable assurances by the date required 2102 by the Authority no less than fifteen (15) Calendar Days after Notice, that failure or refusal shall 2103 constitute a Contractor Default in accordance with Section 7.1.2.
Right to Demand Assurances of Performance. If the Contractor is (i) the subject of any labor unrest including work stoppage or slowdown, sickout, picketing or other concerted job action; (ii) appears in the reasonable judgment of the City to be unable to regularly pay its bills as they become due; or (iii) is the subject of a civil or criminal investigation, charge, or judgment or order entered by a federal, state, regional or local agency for violation of a law relating to performance under this Agreement, and the City believes in good faith that the Contractor's ability to perform under the Agreement has thereby been placed in substantial jeopardy, the City may, at its option and in addition to all other remedies it may have, demand from the Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as the City believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under the Agreement. If the Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by the City, such failure or refusal shall be an Event of Default for purposes of Article 11.2.
Right to Demand Assurances of Performance. The Parties acknowledge that it is of the utmost importance to Authority and the health and safety of all those members of the public residing or doing business within Authority who will be adversely affected by interrupted Discarded Materials management service, that there be no material interruption in services provided under this Agreement. If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, picketing or other concerted job action; (ii) appears, in the reasonable judgment of Authority, to be unable to regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order entered by a Federal, State, regional or local agency for violation of an Applicable Law, and Authority believes in good faith that Contractor's ability to perform under the Agreement has thereby been placed in substantial jeopardy, Authority may, at its sole option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as Authority believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by Authority, such failure or refusal shall be an event of default for purposes of Section 10.1.
Right to Demand Assurances of Performance. If Franchisee (1) is the subject of any labor unrest including work stoppage or slowdown, sick-out, picketing or other concerted job action; (2) appears in the reasonable judgment of the City to be unable to regularly pay its bills as they become due; or (3) is the subject of a civil or criminal judgment or order entered by a federal, state, regional or local agency for violation of an environmental law, and the City Manager believes in good faith that Franchisee's ability to perform under the Franchise has thereby been placed in substantial jeopardy, the City may, at its option and in addition to all other remedies it may have, demand from Franchisee reasonable assurances of timely and proper performance of this Franchise, in such form and substance as the City Manager believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under the Franchise. If Franchisee fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall constitute a breach of this Agreement for purposes of Article XIII, Section 3.
