Agmt 2000 Alameda County Industries Inc ACI

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without need for any hearing, suit or legal action. The Contractor shall forfeit its performance bond to the City as liquidated damages upon such termination. 11.4 POSSESSION OF PROPERTY UPON TERMINATION In the event of termination for Default, the City shall have the right to take possession of any and all of the Contractor's land, equipment, and other property used or useful in the collection and transportation of Solid Waste, Recyclables, or Green Waste in the provision of services under this Agreement, and the billing and collection of fees for these services and to use such property. The City shall pay reasonable compensation to the Contractor for the temporary use of such land, equipment, and other property(which shall include Contractors debt service allocated to such land, equipment and other property) except that the City shall not be required to compensate the Contractor for the value of business goodwill. The City shall have the right to retain the possession of such property until other suitable arrangements can be made for the provision of Solid Waste, Recyclables, or Green Waste collection services which may include the award of an agreement to another waste hauling company. The Contractor shall furnish the City with immediate access to all of its business records related to its route maps, schedules, and billing of accounts for SeNICeS. 11.5 THE CITY'S REMEDIES CUMULATIVE: SPECIFIC PERFORMANCE The City's right to terminate the Agreement under Article 11.3 and to take possession of the Contractor's properties under Article 11.4 are not exclusive, and the City's termination of the Agreement shall not constitute an election of remedies. Instead, all remedies provided for in this Agreement shall be in addition to any and all other legal and equitable rights and remedies which the City may have under law or as otherwise provided in this Agreement. sy virtue of the nature of this Agreement, the urgency of timely, continuous and high quality service, the lead time required to effect alternative service, and the rights granted by the City to the Contractor, the remedy of damages for a breach hereof by the Contractor is inadequate and the City shall be entitled to injunctive relief. 11,6 EXCUSE FROM PERFORMANCE A. Excuse from Performance. The Parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, moderate to severe earthquakes, tsunamis, other "acts of God", war, civil insurrection, riots, and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sickout, picketing, or other concerted job action conducted by the Contractor's employees or directed at the Contractor, or a subcontractor, is not an excuse from performance and the Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. In the case of r:~wpa~n~,~„~n~~,~.wpa ovovoo Page 48 of 59