PGC Interbay LLC 8/10/2021 - Laserfiche WebLink

8. DEFAULT AND REMEDIES: A. City's Default. The following shall constitute an event of default ("Event of Default") by City under this Agreement: i. Failure to timely pay Contractor,any fees,compensation,or reimbursement due Contractor, pursuant to this Agreement, unless said amounts are under legitimate dispute; ii. Failure to timely provide funds in accordance with the Scope of Work hereof; iii. Breach of City of any material provision of this Agreement; or B. Contractor Default. The following shall constitute an event of default ("Event of Default") by Contractor under this Agreement: i. Failure to staff, operate, and maintain the Facility in accordance with provisions of this Agreement, subject to abnormal weather conditions, acts of God, or other events or conditions beyond the reasonable control of Contractor; ii. Breach by Contractor of any material provision of this Agreement; or iii. Contractor makes an assignment for the benefit of its creditors, or becomes a party for more than thirty (30) days, to any voluntary or involuntary insolvency proceedings, bankruptcy proceedings or reorganization. C. Notice of Default. When either party to this Agreement believes that the other party (the "Defaulting Party") has committed an Event of Default, it shall give written notice thereof to the Defaulting Party, and the Defaulting Party shall, except in the case of a failure to insure, have ten (10) days in the event of a payment default, or such longer period(not to exceed a period of thirty (30)days unless the Defaulting Party has begun to cure within the thirty(30) day period and is diligently pursuing such cure) as shall be reasonably necessary due to weather,growing conditions, or other such factors beyond the reasonable control of the Defaulting Party, within which to cure the default. D. Remedy. If the Defaulting Party does not cure the default within the grace period provided herein, the other party may terminate this Agreement on five (5) days written notice to the other party and pursue all rights and remedies available in law or equity, including payment of accrued amounts pursuant to the Scope of Work herein, subject to legitimate offsets. E. Dispute Resolution Procedure in Event of Termination for Contractor Default. In the event that the City terminates this Agreement for Contractor default as set forth in this Section 8 and the Contractor believes that the City was not so entitled to terminate for default, then Contractor shall provide written notice thereof to the City no later than 30 days after the effective date of the termination, and then City 6