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

Right to Demand Assurances of Performance. ‌ 2775 The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those 2776 members of the public residing or doing business within City who will be adversely affected by 2777 interrupted waste management service, that there be no material interruption in services provided 2778 under this Agreement. 2779 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 2780 picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to 2781 regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 2782 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and City believes 2783 in good faith that Contractor's ability to perform under the Agreement has thereby been placed in 2784 substantial jeopardy, City may, at its sole option and in addition to all other remedies it may have, 2785 demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in 2786 such form and substance as City believes in good faith is reasonably necessary in the circumstances to 2787 evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide 2788 satisfactory assurances of timely and proper performance in the form and by the date required by City,

Right to Demand Assurances of Performance. ‌ 2775 2755 The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those 2776 2756 members of the public residing or doing business within City who will be adversely affected by 2777 2757 interrupted waste management service, that there be no material interruption in services provided 2778 2758 under this Agreement. 2779 2759 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 2780 2760 picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to 2781 2761 regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 2782 2762 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and City believes 2783 2763 in good faith that Contractor's ability to perform under the Agreement has thereby been placed in 2784 2764 substantial jeopardy, City may, at its sole option and in addition to all other remedies it may have, 2785 2765 demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in 2786 2766 such form and substance as City believes in good faith is reasonably necessary in the circumstances to 2787 2767 evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide 2788 2768 satisfactory assurances of timely and proper performance in the form and by the date required by City,

Right to Demand Assurances of Performance. ‌ 2775 2727 The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those 2776 2728 members of the public residing or doing business within City who will be adversely affected by 2777 interrupted 2729 waste management service, that there be no material interruption in services provided 2778 under this 2730 Agreement. 2779 2731 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 2780 2732 picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to 2781 2733 regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 2782 2734 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and City believes 2783 2735 in good faith that Contractor's ability to perform under the Agreement has thereby been placed in 2784 2736 substantial jeopardy, City may, at its sole option and in addition to all other remedies it may have, 2785 demand 2737 from Contractor reasonable assurances of timely and proper performance of this Agreement, in 2786 such form 2738 and substance as City believes in good faith is reasonably necessary in the circumstances to 2787 evidence 2739 continued ability to perform under the Agreement. If Contractor fails or refuses to provide 2788 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. ‌ 2775 2944 The Parties acknowledge that it is of the utmost importance to City and the health and safety of all those 2776 2945 members of the public residing or doing business within City who will be adversely affected by 2777 interrupted 2946 waste management service, that there be no material interruption in services provided 2778 under this 2947 Agreement. 2779 2948 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick-out, 2780 2949 picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to 2781 2950 regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 2782 2951 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and City believes 2783 2952 in good faith that Contractor's ability to perform under the Agreement has thereby been placed in 2784 2953 substantial jeopardy, City may, at its sole option and in addition to all other remedies it may have, 2785 demand 2954 from Contractor reasonable assurances of timely and proper performance of this Agreement, in 2786 such form 2955 and substance as City believes in good faith is reasonably necessary in the circumstances to 2787 evidence 2956 continued ability to perform under the Agreement. If Contractor fails or refuses to provide 2788 satisfactory 2957 assurances of timely and proper performance in the form and by the date required by City,, such failure or