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11.7 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE <br />If the Contractor is (i) the subject of any labor unrest including work stoppage or slowdown, sickout, <br />picketing or other concerted job action; (ii) appears in the reasonable judgment of the City to be unable to <br />regularly pay its bills as they become due; or (iii) is the subject of a civil or criminal investigation, charge, or <br />judgment or order entered by a federal, state, regional or local agency for violation of a law relating to <br />performance under this Agreement, and the City believes in good faith that the Contractor's ability to <br />perform under the Agreement has thereby been placed in substantial jeopardy, the City may, at its option <br />and in addition to all other remedies it may have, demand from the Contractor reasonable assurances of <br />timely and proper performance of this Agreement, in such form and substance as the City believes in good <br />faith is reasonably necessary in the circumstances to evidence continued ability to perform under the <br />Agreement. If the Contractor fails or refuses to provide satisfactory assurances of timely and proper <br />performance in the farm and by the date required by the City, such failure or refusal shall be an Event of <br />Default for purposes of Article 11.2. <br />11.8 THE CITY'S RIGHT TO PERFORM UPON DEFAULT <br />A. City's Right to Perform. In addition to any and all other legal or equitable remedies, in the event <br />that the Contractor, for any reason whatsoever, fails, refuses or is unable to perform any Franchise <br />Services at the time and in the manner provided in this Agreement, for a period of more than seventy-two <br />(72) hours, and if, as a result thereof, should Solid Waste accumulate in City to such an extent, in such a <br />manner, or for such a time that the City Representative should find that such accumulation endangers or <br />menaces the environment, public health, safety or welfare, then the City shall have the right, but not the <br />obligation, without payment to the Contractor upontwenty-four (24) hours prior notice to the Contractor <br />during the period of such emergency as determined by the City Representative to do either one or both of <br />the following: (i) cause to be performed such services with other personnel without liability to the <br />Contractor; or (ii) to take possession of any or all of the Contractor's land, equipment and other property <br />used or useful in providing one or more of the Franchise Services and to provide one or more of the <br />Franchise Services. <br />B. Notice. Notice of the Contractor's failure, refusal or neglect to perform one or more Franchise <br />Services may be given orally by telephone to the Contractor at its principal office and shall be effective <br />immediately. Written confirmation of such oral notification shall be sent to the Contractor withintwenty-four <br />(24) hours of the oral notification. <br />C. Contr rr Coo eration. The Contractor further agrees that in such event <br />It shall fully cooperate with the City to effect the transfer of possession of property to the <br />City for the City's use. <br />ii. It shall, if the City so requests and to the extent feasible, keep in good repair and condition <br />all of such property, provide all motor vehicles with fuel, oil and other service, and provide <br />r:~.vpal5ta~~franchisenewz.wpa evoiioo Page SO of 59 <br />