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made, whether or not any such representation or disclosure appears as part of this <br />Agreement. <br />K. Attachment. The seizure of, attachment of, or levy on, the operating <br />equipment of Contractor, including, without limits, its equipment, maintenance or <br />office facilities, or any part thereof. <br />L. Failure to Provide Assurance of Performance. If Contractor fails to <br />provide reasonable assurances of performance as required under Section 11.7. <br />M. Commingling of Recyclables With Refuse/Landfilling of Recyclables. If <br />Contractor negligently or willfully empties Containers of properly set out Recyclable <br />Materials or Organics into a Refuse load, or transports a load of Recyclable Materials or <br />Organics to a landfill or other location at which the material will not be diverted from <br />landfilling. <br />N. Diversion Requirement. If Contractor does not reach Diversion <br />requirement of % of all tonnage Collected by Contractor under this Agreement per <br />Section 4.6.1 for two consecutive Rate Years. <br />Contractor shall have two business days, excluding Saturdays, Sundays and holidays <br />included in Section 4.7.1, from the time it is given notification by City to cure any <br />default arising under subsections E, F, G, H, K, L and M provided, however, that City <br />shall not be obligated to provide Contractor with a notice and cure opportunity if the <br />Contractor has committed the same or similar breach within a twenty-four (24) month <br />period. It is expressly understood that Contractor is not entitled to receive notice of <br />default, or to cure such default, with respect to those matters listed in subsections A, B, <br />C, D, I, J and N above. <br />For other actions not listed above, or included in 11.2 below, City will provide <br />Contractor with a written notice setting forth the nature of the breach or failure and the <br />actions, if any, required by Contractor to cure such a breach or failure. Contractor shall <br />be deemed in default where: (1) breach or failure can be cured but Contractor fails to <br />cure within thirty (30) days. <br />March 9, 2020 60A2L�11 City of Santa Ana - DRAFT <br />