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

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 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-outsick‐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. ‌ 2775 The Parties acknowledge that it is of the utmost importance to the CITY City and the health and safety of all those 2776 members of the public residing or doing business within the CITY City who will be adversely affected by 2777 interrupted waste management service, that there is be no material interruption in services provided 2778 under this Agreement. 2779 If the CONTRACTORContractor: (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 the CITY 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 the CITY City believes 2783 in good faith that the CONTRACTOR’s Contractor's ability to perform under this the Agreement has thereby been placed in 2784 substantial jeopardy, the CITY City may, at their its sole option and in addition to all other remedies it may have, 2785 demand from the CONTRACTOR Contractor reasonable assurances of timely and proper performance of this Agreement, in 2786 such form and substance as the CITY City believes in good faith is reasonably necessary in the circumstances to 2787 evidence continued ability to perform under this the Agreement. If the CONTRACTOR Contractor fails or refuses to provide 2788 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.City,

Right to Demand Assurances of Performance. ‌ 2944 The Parties acknowledge that it is of the utmost importance to the CITY City and the health and safety of all those 2945 members of the public residing or doing business within the CITY City who will be adversely affected by interrupted 2946 waste management service, that there is be no material interruption in services provided under this 2947 Agreement. 2948 If the CONTRACTORContractor: (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 the CITY 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 the CITY City believes 2952 in good faith that the CONTRACTOR’s Contractor's ability to perform under this the Agreement has thereby been placed in 2953 substantial jeopardy, the CITY City may, at their its sole option and in addition to all other remedies it may have, demand 2954 from the CONTRACTOR Contractor reasonable assurances of timely and proper performance of this Agreement, in such form 2955 and substance as the CITY City believes in good faith is reasonably necessary in the circumstances to evidence 2956 continued ability to perform under this the Agreement. If the CONTRACTOR Contractor fails or refuses to provide satisfactory 2957 assurances of timely and proper performance in the form and by the date required by the CITYCity, such failure or refusal shall be an event of default for purposes of Article 12.1.or