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ARTICLE 11 <br />DEFAULT, REMEDIES AND LIQUIDATED DAMAGES <br />11.1 Events of Default <br />Contractor's breach of each and any provision of the Franchise or this Agreement may <br />constitute a default hereunder to the extent Contractor's performance, services or <br />obligations under this Agreement are materially and adversely impacted. Events of <br />default by the Contractor include, but are not limited to, the following: <br />A. Fraud or Deceit or Misrepresentation. If the Contractor engages in, or <br />attempts to practice, any fraud or deceit upon City or makes a misrepresentation <br />regarding material information to City. <br />B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or <br />unwilling to pay its debts, files a bankruptcy petition or takes steps to liquidate its <br />assets. <br />C. Failure to Maintain Coverage. If Contractor fails to provide or maintain <br />in full force and effect the Workers' Compensation, liability, performance bond, letter of <br />credit, or indemnification coverage as required by this Agreement. <br />D. Violations of Regulation. If Contractor violates any orders or filings of <br />any regulatory body having jurisdiction over Contractor relative to this Agreement, <br />provided that Contractor may contest any such orders or filings by appropriate <br />proceedings conducted in good faith, in which case no breach of the Franchise and this <br />Agreement shall be deemed to have occurred until a final decision adverse to the <br />Contractor is entered. <br />E. Suspension or Termination of Service. If Contractor ceases to provide all <br />or a portion of the Collection, processing or Recycling services, or any other Solid Waste <br />Handling Services as required under this Agreement, if not excused pursuant to <br />Section 11.5, for a period of two (2) consecutive days or more, for any reason within the <br />control of Contractor. <br />F. Failure to Pay. If Contractor fails to make any payments required under <br />this Agreement and/or refuses to provide City, within ten (10) days of the demand, <br />with required information, reports, and/or records in a timely manner as provided for <br />August 17, 2021 149 City of Santa Ana <br />