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

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.

Appears in 1 contract

Samples: Franchise Agreement

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Right to Demand Assurances of Performance. 1196 1860 The Parties acknowledge that it is of the utmost importance to Agency the RA Members and the health and 1861 safety of all 1197 those members of the public residing or doing business within the Regional Agency Service 1862 Area who will be adversely affected by 1198 interrupted waste management service, that there be is no material 1863 interruption in services provided 1199 under this Agreement. 1200 1864 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick‐outsick-out, 1201 1865 picketing or other concerted job action; (ii) appears in the reasonable judgment of Agency RA Members to be 1866 unable 1202 to regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment 1867 or order 1203 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and Agency 1204 believes the 1868 RA Members believe in good faith that Contractor's ability to perform under the Agreement has thereby 1869 been placed 1205 in substantial jeopardy, Agency the RA Members may, at its their sole option and in addition to all 1870 other remedies it may have, 1206 demand from Contractor reasonable assurances of timely and proper 1871 performance of this Agreement, in 1207 such form and substance as Agency believes the RA Members believe in good faith is 1872 reasonably necessary in the circumstances 1208 to evidence continued ability to perform under the 1873 Agreement. If Contractor fails or refuses to provide 1209 satisfactory assurances of timely and proper 1874 performance in the form and by the date required by 1210 Agencythe RA Members, such failure or refusal shall be an event of default for purposes of Section 10.1.an

Appears in 1 contract

Samples: Franchise Agreement

Right to Demand Assurances of Performance. 1196 1221 The Parties acknowledge that it is of the utmost importance to Agency City and the health and safety of all 1197 those 1222 members of the public residing or doing business within Agency Pacific Grove who will be adversely affected by 1198 1223 interrupted waste management service, that there be no material interruption in services provided 1199 1224 under this Agreement. 1200 1225 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick‐outsick−out, 1201 1226 picketing or other concerted job action; (ii) appears in the reasonable judgment of Agency City to be unable 1202 to 1227 regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 1203 1228 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and Agency 1204 City believes 1229 in good faith that Contractor's ability to perform under the Agreement has thereby been placed 1205 in 1230 substantial jeopardy, Agency City may, at its sole option and in addition to all other remedies it may have, 1206 1231 demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in 1207 1232 such form and substance as Agency City believes in good faith is reasonably necessary in the circumstances 1208 to 1233 evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide 1209 1234 satisfactory assurances of timely and proper performance in the form and by the date required by 1210 AgencyCity, 1235 such failure or refusal shall be an event of default for purposes of Section 10.1. 1236 ARTICLE 11.

Appears in 1 contract

Samples: Franchise Agreement

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Right to Demand Assurances of Performance. 1196 ‌ 2755 The Parties acknowledge that it is of the utmost importance to Agency City and the health and safety of all 1197 those 2756 members of the public residing or doing business within Agency City who will be adversely affected by 1198 2757 interrupted waste management service, that there be no material interruption in services provided 1199 2758 under this Agreement. 1200 2759 If Contractor: (i) is the subject of any labor unrest including work stoppage or slowdown, sick‐outsick-out, 1201 2760 picketing or other concerted job action; (ii) appears in the reasonable judgment of Agency City to be unable 1202 to 2761 regularly pay its bills as they become due; or, (iii) is the subject of a civil or criminal judgment or order 1203 2762 entered by a Federal, State, regional or local agency for violation of an Applicable Law, and Agency 1204 City believes 2763 in good faith that Contractor's ability to perform under the Agreement has thereby been placed 1205 in 2764 substantial jeopardy, Agency City may, at its sole option and in addition to all other remedies it may have, 1206 2765 demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in 1207 2766 such form and substance as Agency City believes in good faith is reasonably necessary in the circumstances 1208 to 2767 evidence continued ability to perform under the Agreement. If Contractor fails or refuses to provide 1209 2768 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.City,

Appears in 1 contract

Samples: Franchise Agreement

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