Common use of Right to Demand Assurances of Performance Clause in Contracts

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.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

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Right to Demand Assurances of Performance. The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those members of the public residing or doing business within City who will be adversely affected by interrupted waste management service, that there be no material interruption in services provided under this Agreement. If Contractor isContractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sickoutsick-out, picketing or other concerted job action; (ii) appears in the reasonable judgment of Town 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 federalFederal, stateState, regional or local agency for violation of a law relating to performance under this Agreementan Applicable Law, and Town City believes in good faith that CompanyContractor's ability to perform under the Agreement has thereby been placed in substantial jeopardy, Town City may, at its sole option and in addition to all other remedies it may have, demand from Company Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as Town City believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under the Agreement. If Company Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by TownCity, such failure or refusal shall be an Event event of Default default for purposes of Article 13Section 10.1.

Appears in 1 contract

Samples: Franchise Agreement

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Right to Demand Assurances of Performance. The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those members of the public residing or doing business within City who will be adversely affected by interrupted waste management service, that there be no material interruption in services provided under this Agreement. If Contractor isContractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sickoutsick-out, picketing or other concerted job action; (ii) appears in the reasonable judgment of Town City to be unable to regularly pay its bills as they become due; or or, (iii) is the subject of a civil or criminal investigation, charge, or judgment or order entered by a federalFederal, stateState, regional or local agency for violation of a law relating to performance under this Agreementan Applicable Law, and Town City believes in good faith that Company's Contractor’s ability to perform under the Agreement has thereby been placed in substantial jeopardy, Town City may, at its sole option and in addition to all other remedies it may have, demand from Company Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as Town City believes in good faith is reasonably necessary in the circumstances to evidence continued ability to perform under the Agreement. If Company Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by TownCity, such failure or refusal shall be an Event event of Default default for purposes of Article 13Section 10.1.

Appears in 1 contract

Samples: Franchise Agreement

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