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July 15, 2024 Page 45 City of San Leandro Post Collection G. Failure to Use Approved Facilities. Contractor fails to deliver City Delivered Materials to the 1726 appropriate Approved or Alternative Processing or Disposal Facility for each material type. 1727 H. Failure to Pay or Report. Contractor fails to make any payments to City required under this 1728 Agreement including payment of City Reimbursements or Liquidated Damages, or Contractor fails 1729 to pay Approved Facility operators as provided under this Agreement, and/or refuses to provide 1730 City with required information, reports, and/or records in a timely manner as provided for in the 1731 Agreement. 1732 I. Acts or Omissions. Any other act or omission by Contractor which violates the terms, conditions, 1733 or requirements of this Agreement, or Applicable Law and which is not corrected or remedied within 1734 the time set in the written notice of the violation or, if Contractor cannot reasonably correct or 1735 remedy the breach or violation within the time set forth in such notice, if Contractor should fail to 1736 commence to correct or remedy such violation within the time set forth in such notice and diligently 1737 effect such correction or remedy thereafter. 1738 J. False, Misleading, or Inaccurate Statements. Any representation or disclosure made to the City by 1739 Contractor in connection with or as an inducement to entering into this Agreement, or any future 1740 amendment to this Agreement, which proves to be false or misleading in any material respect as of 1741 the time such representation or disclosure is made, whether or not any such representation or 1742 disclosure appears as part of this Agreement; and, any Contractor-provided report containing a 1743 misstatement, misrepresentation, data manipulation, or an omission of fact or content explicitly 1744 defined by the Agreement, excepting non-numerical typographical and grammatical errors. 1745 K. Seizure or Attachment. There is a seizure of, attachment of, or levy on some or all of Contractor’s 1746 operating equipment, including without limitation its equipment, maintenance, or office facilities, 1747 or Approved Facility(ies), owned/operated by Contractor, by Affiliates, and/or by Subcontractors, 1748 or any part thereof. 1749 L. Criminal Activity. Contractor, its officers or managers are found guilty of Criminal Activity related 1750 directly or indirectly to performance of this Agreement or any other agreement held with the City ; 1751 or employees found guilty of Criminal Activity related directly or indirectly to performance of this 1752 Agreement or any other agreement held with the City and are who not terminated or reassigned as 1753 a result of such activity. 1754 M. Assignment without Approval. Contractor transfers or assigns this Agreement without the express 1755 written approval of the City unless the assignment is permitted without City approval pursuant to 1756 Section 12.6. 1757 N. Failure to Perform Any Obligation. Contractor fails to perform any obligation established under 1758 this Agreement. 1759 City shall provide Contractor written notice of default within seven (7) calendar days of the City’s first 1760 knowledge of the Contractor’s default. 1761 10.2 RIGHT TO TERMINATE UPON UNCURED DEFAULT 1762 Contractor shall be given five (5) Business Days from written notification by City to cure any default which, 1763 in the City Manager’s sole, but reasonable, opinion, creates a potential public health or safety threat; 1764 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C