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directed at Contractor is excused from performance only to the extent that the following <br />requirements are met: <br />• Contractor provides a contingency plan to the City within ninety (90) days of <br />commencement of services under this Agreement demonstrating how services will <br />be provided during the period of labor unrest. The contingency plan is subject to <br />City approval and Contractor shall amend the plan until it meets City requirements, <br />including reasonably demonstrating how City's basic Collection and sanitary needs <br />will be met to the City's satisfaction. <br />• Contractor shall meet all requirements of this plan or City may revoke this excuse <br />from performance offered under this Agreement and may choose to use <br />enforcement provisions under this Agreement, including Sections 11.1, 11.2 and <br />11.3, in which case Contractor is not excused from performance and Contractor shall <br />be obligated to continue to provide service notwithstanding the occurrence of any or <br />all of such events. <br />The party claiming excuse from performance shall, within two (2) days after such party <br />has notice of such cause, give the other party notice of the facts constituting such cause <br />and asserting its claim to excuse under this section. <br />The interruption or discontinuance of Contractor's services caused by one or more of <br />the events excused shall not constitute a default by Contractor under this Agreement. <br />Notwithstanding the foregoing, however, if Contractor is excused from performing its <br />full obligations under this Agreement for any of the causes listed in this section for a <br />period of forty five (45) days or more, City shall nevertheless have the right, in its sole <br />discretion, to terminate this Agreement by giving ten (10) days' notice, in which case the <br />provisions relative to taking possession of Contractor's land, equipment and other <br />property and engaging Contractor's Personnel in Article 10 and this Article 11 will <br />apply. <br />11.6 Notice, Hearing and Appeal of City Breach <br />Should Contractor contend that City is in breach of this Agreement, it shall file with the <br />Executive Director of Public Works a written request with City for an administrative <br />hearing. Said request shall be made within ninety (90) days of the event or incident <br />which allegedly gave rise to the breach. City shall notify Contractor of the time and <br />date said hearing shall be held within thirty (30) days of receipt of Contractor's request. <br />March 9, 2020 131 City of Santa Ana - DRAFT <br />60A-220 <br />