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July 15, 2024 Page 46 City of San Leandro Post Collection provided, however, if Contractor cannot reasonably correct or remedy the default within the time set 1765 forth in a notice of violation, it shall be given additional time to cure, as reasonably determined by the 1766 City Contract Manager, provided Contractor commences to correct or remedy such violation within the 1767 time set forth in such notice and diligently effects such correction or remedy thereafter. 1768 Contractor shall be given five (5) Business Days from written notification by City to cure any default arising 1769 under subsections A, B, C, L, and M in Section 10.1; provided, however, if Contractor cannot reasonably 1770 correct or remedy the default within the time set forth in a notice of violation, it shall be given additional 1771 time to cure, as reasonably determined by the City Contract Manager, provided Contractor commences 1772 to correct or remedy such violation within the time set forth in such notice and diligently effect s such 1773 correction or remedy thereafter. Contractor shall be given five (5) Business Days from written notification 1774 by City to cure any default arising under subsections F.1 and F.2 in Section 10.1. 1775 Contractor shall be given thirty (30) calendar days from written notification by City to cure any other 1776 default (which is not required to be cured within five (5) Business Days); provided, however, if Contractor 1777 cannot reasonably correct or remedy the default within the time set forth in a notice of violation, it shall 1778 be given additional time, as reasonably determined by the City Contract Manager, to cure provided 1779 Contractor commences to correct or remedy such violation within the time set forth in such notice and 1780 diligently effects such correction or remedy thereafter 1781 10.3 CITY’S REMEDIES IN THE EVENT OF DEFAULT 1782 Upon Contractor’s default, City has the following remedies: 1783 A. Waiver of Default. City may waive any event of default or may waive Contractor’s requirement to 1784 cure a default event if City determines that such waiver would be in the best interest of the City. 1785 City’s waiver of an event of default is not a waiver of future events of default that may have the 1786 same or similar conditions. 1787 B. Suspension of Contractor’s Obligation. City may suspend Contractor’s performance of its 1788 obligations if Contractor fails to cure default in the time frame specified in Section 10.2 until such 1789 time the Contractor can provide assurance of performance in accordance with Section 10.8. 1790 C. Liquidated Damages. City may assess Liquidated Damages for Contractor’s failure to meet specific 1791 performance standards pursuant to Section 10.6 and Exhibit F. 1792 D. Termination. In the event that Contractor should default, and the default is not cured pursuant to 1793 Section 10.2, then the City may, at its option, terminate this Agreement. In the event City decides 1794 to terminate this Agreement, the City shall serve upon Contractor twenty (20) calendar days written 1795 notice of its intention to terminate. In the event City exercises its right to terminate this Agreement, 1796 the City may, at its option, upon such termination, either directly undertake performance of the 1797 services or arrange with other Persons to perform the services with or without a written agreement. 1798 This right of termination is in addition to any other rights of City upon a failure of Contractor to 1799 perform its obligations under this Agreement. 1800 Contractor shall not be entitled to any further revenues from Processing or Disposal operations 1801 authorized hereunder from and after the date of termination. 1802 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C