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:
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. 2727 The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those 2728 members of the public residing or doing business within City who will be adversely affected by interrupted 2729 waste management service, that there be no material interruption in services provided under this 2730 Agreement. 2731 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 2732 picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to 2733 regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 2734 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and City believes 2735 in good faith that Contractor's ability to perform under the Agreement has thereby been placed in 2736 substantial jeopardy, City may, at its sole option and in addition to all other remedies it may have, demand 2737 from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form 2738 and substance as City believes in good faith is reasonably necessary in the circumstances to evidence 2739 continued ability to perform under the Agreement. If Contractor fails or refuses to provide satisfactory 2740 assurances of timely and proper performance in the form and by the date required by City, such failure or 2741 refusal shall be an event of default for purposes of Section 10.1. 2742 10.9 Dispute Resolution 2743 In the event of dispute between the City Franchise Contract Administrator and the Contractor regarding 2744 the interpretation of or the performance of services under this Agreement which results in a material 2745 impact to the Contractor’s revenue and/or cost of operations, as defined in Section 5.9, the provisions of 2746 Section 10.9 shall apply.
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. 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. 1860 The Parties acknowledge that it is of the utmost importance to the RA Members and the health and 1861 safety of all those members of the public residing or doing business within the Regional Agency Service 1862 Area who will be adversely affected by interrupted waste management service, that there is no material 1863 interruption in services provided under this Agreement. 1864 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 1865 picketing or other concerted job action; (ii) appears in the reasonable judgment of RA Members to be 1866 unable to regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment 1867 or order entered by a Federal, State, regional or local agency for violation of an Applicable Law, and the 1868 RA Members believe in good faith that Contractor's ability to perform under the Agreement has thereby 1869 been placed in substantial jeopardy, the RA Members may, at their sole option and in addition to all 1870 other remedies it may have, demand from Contractor reasonable assurances of timely and proper 1871 performance of this Agreement, in such form and substance as the RA Members believe in good faith is 1872 reasonably necessary in the circumstances to evidence continued ability to perform under the 1873 Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper 1874 performance in the form and by the date required by the RA Members, such failure or refusal shall be an
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 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. 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.
