R2013-62 AUTHORIZING EXECUTION OF ENERGY AND WATER EFFICIENCY SERVICES AGREEMENT

Home Browse Search

(iv) Any other material failure by the CITY to perform or comply with the terms and conditions of this Agreement, including breach of any covenant contained herein except, provided that such failure if corrected or cured within thirty (30) days after written notice to the CITY demanding that such failure to perform be cured shall be deemed cured for purposes of this Agreement. 11.2 Remedies Upon Default by the CITY. If an Event of Default by the CITY described in paragraph 11.1 occurs, the COMPANY may exercise all rights and remedies available to it under this Agreement or applicable law. 11.3 Events of Default by the Company. Each of the following events or conditions shall constitute an "Event of Default" by the COMPANY for purposes of this Agreement with respect to obligations of the COMPANY: (i) The COMPANY's failure to furnish and install the EMs in accordance with the provisions of this Agreement and within the time specified by this Agreement; (ii) Failure by the COMPANY to pay any amount owing to the CITY due to the COMPANY's failure to achieve Assured Performance Guarantee during any Guarantee Year throughout the term of this Agreement or to perform any obligation under the Assured Performance Guarantee more than thirty (30) days after written notification by CITY that COMPANY is delinquent in making such payment, provided that the CITY is not in default in its performance under the terms of this Agreement; (iii) The standards of comfort and service set forth in Schedule H are not provided solely due to failure of the COMPANY to properly design, install, maintain, repair or adjust the EMs except that such failure, if corrected or cured within thirty (30) days after written notice to the COMPANY demanding that such failure be cured, shall be deemed cured for purposes of this Agreement; (iv) Failure to perform its obligations in accordance with the terms of this Agreement, including failure to provide sufficient personnel, equipment or material to ensure the performance required and failure to meet the Project Installation Schedule provided for in Schedule J, due to a reason or circumstance within the COMPANY's reasonable control; (v) The COMPANY's failure to promptly re-perform within a reasonable time Work or services that were rejected as defective or nonconforming. (vi) The COMPANY's discontinuance of the required performance for reasons not beyond the COMPANY's reasonable control; (vii) Any lien or encumbrance upon the EMs by any subcontractor, laborer, materialman or other creditor of the COMPANY; (viii) Intentionally omitted; (ix) Intentionally omitted; (x) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by the COMPANY to the CITY, the CITY or a third party; 17