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. 2944 The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those 2945 members of the public residing or doing business within City who will be adversely affected by interrupted 2946 waste management service, that there be no material interruption in services provided under this 2947 Agreement. 2948 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 2949 picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to 2950 regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 2951 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and City believes 2952 in good faith that Contractor's ability to perform under the Agreement has thereby been placed in 2953 substantial jeopardy, City may, at its sole option and in addition to all other remedies it may have, demand 2954 from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form 2955 and substance as City believes in good faith is reasonably necessary in the circumstances to evidence 2956 continued ability to perform under the Agreement. If Contractor fails or refuses to provide satisfactory 2957 assurances of timely and proper performance in the form and by the date required by City, such failure or
Right to Demand Assurances of Performance. 1221 The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those 1222 members of the public residing or doing business within Pacific Grove who will be adversely affected by 1223 interrupted waste management service, that there be no material interruption in services provided 1224 under this Agreement. 1225 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick−out, 1226 picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to 1227 regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 1228 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and City believes 1229 in good faith that Contractor's ability to perform under the Agreement has thereby been placed in 1230 substantial jeopardy, City may, at its sole option and in addition to all other remedies it may have, 1231 demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in 1232 such form and substance as City believes in good faith is reasonably necessary in the circumstances to 1233 evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide 1234 satisfactory assurances of timely and proper performance in the form and by the date required by City, 1235 such failure or refusal shall be an event of default for purposes of Section 10.1. 1236 ARTICLE 11.
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 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 City believes in good faith that Contractor's ability to perform under the Agreement has thereby been placed in substantial jeopardy, City may, at its 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 and by such date as City 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 such assurances in such form by such date, such failure or refusal shall be an Event of Default for purposes of Section 10.2.
Right to Demand Assurances of Performance. 1879 If Contractor: 1880 (i) Is the subject of any labor unrest including work stoppage or slowdown, sick-out, picketing or 1881 other concerted job action that affects Contractor’s performance under this Agreement; 1882 (ii) Appears in the judgment of the Authority to be unable to regularly pay its bills as they become 1883 due; or 1884 (iii) Is the subject of a civil or criminal proceeding brought by a federal, State, regional, or local 1885 agency for Violation of an Applicable Law with respect to Services; 1886 Such that the Authority reasonably believes such event has placed Contractor's ability to perform 1887 under this Agreement in substantial jeopardy, or 1888 (iv) If Authority disagrees with Contractor’s estimate of Landfill capacity required to meet 1889 Contractor’s warranty in accordance with subsection J of Section 9.2 or of remaining capacity, 1890 considering Contractor’s Disposal obligations to both Authority and other Persons, as contained in the 1891 Quarterly Report or otherwise, then following dispute resolution in accordance with Section 8.17 that 1892 concludes either of Contractor’s estimates is erroneous, at its option and in addition to all other 1893 remedies it may have, the Authority may demand from Contractor written assurances of timely and 1894 proper performance of this Agreement. Assurances include reduction or elimination of deductibles or 1895 self-insured retention with respect to insurance or procuring a bond or letter of credit guarantying or 1896 in size sufficient to cover payment of losses and related investigations, claim administration and 1897 defense expenses. If Contractor fails or refuses to provide reasonable assurances by the date required 1898 by the Authority no less than fifteen (15) Calendar Days after Notice, that failure or refusal shall 1899 constitute a Contractor Default in accordance with Section 7.1.2.
Right to Demand Assurances of Performance. If Contractor: (i) is 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 Authority 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 Director believes in good faith that Contractor's ability to perform under the Agreement has thereby been placed in substantial jeopardy, Authority may, at its 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 Director believes in good faith is reasonably necessary in the circumstances to evidence Contractor’s 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 will be an Event of Default for purposes of Section 9.02.
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. 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. If Contractor (1) suffers the imposition of liquidated damages under Section 6.07; (2) is the subject of any labor unrest including work stoppage or slowdown, sickout, picketing or other concerted job action; (3) appears in the reasonable judgment of City to be unable to regularly pay its bills as they become due; or
Right to Demand Assurances of Performance. If Contractor is: 1) the subject of any labor unrest including work stoppage or slowdown, sickout, picketing, or other concerted job action; 2) appears in the reasonable judgment of the County to be unable to regularly pay its bills as they become due; or, 3) 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 County believes in good faith that Contractor's ability to perform under this Agreement has thereby been placed in substantial jeopardy, the County may, at its 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 County believes in good faith is reasonably necessary in the circumstances to provide evidence of Contractor's continued ability to perform under this 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 County, such failure or refusal shall be an event of Default for purposes of Section 9.2.
