Common use of Contract Default Clause in Contracts

Contract Default. The Contractor shall be in default of this Contract if it violates any provision of this Contract. In addition, the City reserves the right to declare the Contractor to be in default in the event of any violation, which shall include, but not be limited to, the following: (1) The Contractor fails to commence the collection of Garbage, Recyclables or Compostables, or fails to provide any portion of service under the Contract on July 1, 2011 or for a period of more than five (5) consecutive days at any time during the term of this Contract. (2) The Contractor fails to obtain and maintain any permit required by the City, King County, or any federal, state or other regulatory body in order to collect materials under this Contract. (3) The Contractor’s noncompliance creates a hazard to public health or safety. (4) The Contractor repeatedly or persistently acts or fails to act in a manner that is subject to performance fees in excess of twenty-five thousand dollars ($25,000.00) during any consecutive twelve (12) month period. (5) The Contractor fails to maintain, in good standing, surety and insurance required by this Contract. The City reserves the right to pursue any remedy available at law for any default by the Contractor. In the event of default, the City shall give the Contractor ten (10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise that does not allow ten (10) days prior written notice, the City shall immediately notify the Contractor of its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its option terminate this Contract. If the Contractor abandons or violates any portion of this Contract, fails to fully and promptly comply with all its obligations, or fails to give any reason satisfactory to the City for noncompliance, and fails to correct the same, the City, after the initial ten

Contract Default. The Contractor shall be in default of this Contract if it violates any provision of this Contract. In addition, the City reserves the right to declare the Contractor to be in default in the event of any violation, which shall include, but not be limited to, the following: (1) The Contractor fails to commence the collection of Garbage, Recyclables or Compostables, or fails to provide any portion of service under the Contract on July 1, 2011 2013 or for a period of more than five (5) consecutive days at any time during the term of this Contract. (2) The Contractor fails to obtain and maintain any permit required by the City, King County, or any federal, state or other regulatory body in order to collect materials under this Contract. (3) The Contractor’s noncompliance creates a material hazard to public health or safetysafety and that the Contractor fails to take the appropriate measures to address after becoming aware of such hazard. (4) The Contractor repeatedly or persistently acts or fails to act in a manner that is subject to performance fees in excess of twenty-five ten thousand dollars ($25,000.0010,000.00) during any consecutive twelve (12) month period. (5) The Contractor fails to maintain, in good standing, surety and insurance required by this Contract. The City reserves the right to pursue any remedy available at law for any default by the Contractor. In the event of default, the City shall give the Contractor ten (10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise that does not allow ten (10) days prior written notice, the City shall immediately notify the Contractor of its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its option terminate this Contract. If the Contractor abandons abandons, or violates in any material respect, any portion of this Contract, or fails to fully and promptly comply with all of its obligationsmaterial obligations under this Contract, or fails to give any reason satisfactory to the City for any such material noncompliance, and fails to correct the samesame or to initiate efforts satisfactory to the City to remedy such material noncompliance, the City, after the initial ten (10) day notice, may declare the Contractor to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of said notice shall be sent to the Contractor and surety on its performance bond. Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this Contract. The surety may, at its option, within ten

Contract Default. The Contractor shall be in default of this Contract if it violates any provision of this Contract. In additionWithout limitation of the foregoing, the City specifically reserves the right to declare the Contractor to be in default in the event of any violation, which shall include, but not be limited to, the following: (1) . The Contractor fails to commence the collection of Garbage, Recyclables or CompostablesYard Debris, or fails to provide any portion of service under the Contract on July January 1, 2011 2013, or for a period of more than five (5) consecutive days at any time during the term of this Contract. (2) . The Contractor fails to obtain and maintain any permit required by the City, King County, or any federal, state or other regulatory body in order to collect materials under this Contract. (3) . The Contractor’s 's noncompliance creates a hazard to public health or safety. (4) . The Contractor repeatedly or persistently acts or fails to act in a manner that is subject to performance fees liquidated damages in excess of twenty-five thousand dollars ($25,000.00) during any consecutive twelve (12) month period. (5) . The Contractor fails to maintain, in good standing, surety and insurance required by this Contract. The City reserves the right to pursue impose any remedy available at law for any default by the Contractor, including without limitation the termination of this Contract. In the event of default, the City shall give the Contractor ten (10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise that does not allow ten (10) days prior written notice, the City shall immediately notify the Contractor of its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its option terminate this Contract upon notice to the Contractor and the Contractor's surety. PROVIDED, that the City may, in its sole discretion, terminate this Contract notwithstanding the Contractor's ability to cure the underlying default if the Contractor has defaulted in any manner on more than five occasions during the preceding 12 month period. Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this Contract. If The Contractor's surety may, at its option, within ten (10) days from such written notice, assume the Contractor abandons or violates any portion services provided under this Contract that the City has ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and conditions of the Contract, and all documents incorporated herein. Pending consideration by the surety of said option to assume the services provided under this Contract, the City may employ such work force and equipment as it may deem advisable to continue the services provided under this Contract. The cost of all labor, equipment and materials necessary for such services provided under this Contract shall be paid by the Contractor in full. In the event that the surety fails to fully and promptly comply with all exercise its obligationsoption within the ten (10) day period, or fails to give any reason satisfactory to the City for noncompliancemay complete the services provided under this Contract or any part thereof, either through its own work force or by contract, and fails to correct procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the same to the Contractor and/or surety, together with all reasonable costs incidental thereto. The City shall be entitled to recover from the Contractor and its surety as damages all expenses incurred, including reasonable attorney's fees, together with all such additional sums as may be necessary to complete the services provided under this Contract, together with any further damages sustained or to be sustained by the City. If City employees provide Garbage, after Yard Debris and/or Recyclables collection, the initial tenactual incremental costs of City labor, overhead and administration shall serve as the basis for a charge to the Contractor.