Procedures in Event of Excused Performance Sample Clauses

Procedures in Event of Excused Performance. The Party claiming excuse from performance under Section 11.5.1 or 11.5.2 shall, within ten days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this section. Throughout service disruption, Company shall: 1. Provide City with a minimum of daily service updates. 2. Shall notify Customers on a real-time basis as to alternative Collection procedures. At a minimum, Company shall update its website and shall provide ongoing updates to City for use on its website, and a “reverse 911” contact method to reach all possible Customers. Should enhanced contact technologies become available, Company shall use such methods upon approval from City. The interruption or discontinuance of Company’s services caused by one or more of the events excused shall not constitute a default by Company under this Agreement. Notwithstanding the foregoing, however, if Company is excused from performing its obligations hereunder for any of the causes listed in this section for a period of 30 days or more, City shall nevertheless have the right, in its sole discretion, upon 10 days’ notice, to take possession of the Designated Vehicles and Designated Containers pursuant to Article 10, and/or terminate this Agreement. Except as set forth in the next sentence, termination pursuant to this Section shall be deemed a termination without fault of either Party, and City shall have no right to call on the performance bond. If Company is excused from performing its obligations hereunder due to labor unrest as described in Section 11.5.2, and City exercises the right to revoke that excuse from performance as authorized by Section 11.5.2, City shall also have the right, in its sole discretion, upon 10 days’ notice, to declare a portion or all of the performance bond which is necessary to recompense and make whole City, forfeited to City pursuant to Section 9.5.2.

Procedures in Event of Excused Performance. The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this section. Throughout service disruption, Contractor shall: 1) Provide City with a minimum of daily service updates. 2) Shall notify Customers on a real-time basis as to alternative Collection procedures. At a minimum, Contractor shall update its website and shall provide ongoing updates to City for use on its website, and a “reverse 911” contact method to reach all possible Customers. Should enhanced contact technologies become available, Contractor shall use such methods upon approval from City. The interruption or discontinuance of the Contractor’s services caused by one or more of the events excused shall not constitute a default by the Contractor under this Agreement. Notwithstanding the foregoing, however, if the Contractor is excused from performing its obligations hereunder for any of the causes listed in this section for a period of thirty (30) days or more, the City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) days’ notice.