01-28-19 Regular Meeting of the La Porte City Council

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Facsimile: __________________ E-Mail: __________________ 7.02 GCA certifies that GCA is not included on any debarment list maintained by any federal, state or local governmental authority, nor prevented from performing services for the City by virtue of any governmental order, proceeding or otherwise. If at any time during the term of this Agreement, or at any other time GCA is providing services for City, GCA cannot so certify to the City, GCA shall promptly notify the City as to GCA status. Failure by GCA or any of its employees or agents to materially comply with all federal, state, and local environmental laws, in connection with providing services for the City under this Agreement or otherwise, constitutes a material breach of this Agreement between the City and GCA and/or in respect of its providing services to the City. VIII. Termination 8.01. Termination for Cause. This Agreement may be terminated by GCA upon sixty (60) days advanced written notice to the City in the event GCA is unable to obtain or maintain all Permits and licenses required to operate the Treatment Facility in the manner set forth in this Agreement. In addition, this Agreement may be terminated by either party upon failure of the other party to perform any of its obligations hereunder; however, except as provided in Sections 2.07 and 2.08, before either party may terminate this Agreement, the party desiring to terminate shall give the party in default not less than sixty (60) days advanced written notice specifying the particular breach or failure. After the expiration of such sixty-day period, if the breach or failure has not been corrected by the party in default, this Agreement may be terminated forthwith by the party not in default, by giving written notice thereof to the other party. Continuing or recurring instances of the same or similar nonperformance shall be covered by the original notice under this section. 8.02. Payments upon Termination. Any termination of this Agreement pursuant to the provisions of this Article VIII shall be without prejudice to the right of GCA to collect any amounts then due from the City. IX. Miscellaneous 9.01. Waiver. Failure of either party hereto to insist in any one or more instances upon performance of any of the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of future performance of any such term, covenant, or condition, and the obligation of the party in default, with respect to future performance, shall continue in full force and effect. 8