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Green Waste collection in accordance with the specifications <br />in this Agreement aftertwenty-four (24) hours upon notification $100 <br />by the City Representative (per vehicle per day): <br />For each failure to notify the City Representative of material <br />operational changes (each day): $100 <br />m. For each occurrence over five (5) annually of damage to <br />private property: $1000 <br />iii. Timeliness of Submissions tQ the City <br />n. Any report shall be considered late until such time as a correct <br />and complete report is received by the Gity. For each <br />calendar day a report is late, the daily assessment shall be: <br />$100 <br />o. For each failure to report customer complaints within one (1) $150 <br />business day to the City <br />Above amounts shall be increased by the City on each fifth anniversary date of the Effective Date by twenty <br />flue percent (25%). <br />The City may determine the occurrence of events giving rise to liquidated damages through the <br />observation of its own employees or representatives, or by investigation of Customer or resident <br />complaints. <br />Prior to assessing liquidated damages, the City shall give the Contractor notice of its intention to do so. <br />The notice shall include a brief description of the incident or non-performance. The Contractor may review <br />(and copy at its awn expense) all information in the possession of the City relating to incident or non- <br />performance. The Contractor may, within ten (10) days after receiving the notice, request a meeting with <br />the City. If a meeting is requested, it shall be held by the City Representative. The Contractor may present <br />evidence in writing and through testimony of its employees and others relevant to the incident or non- <br />performance. The City Representative shall provide the Contractor with a written explanation of his or her <br />determination on each incident or non-performance prior to authorizing the assessment of liquidated <br />damages. The decision of the City Representative shall be final. The Contractor shall remit to the City <br />damages specified in said assessment as a part of the monthly Remittance. <br />C. Substitute Services. Separate from or in addition to exercising the liquidated damages above, <br />the City may also at its sole discretion where Events of Breach are material and continuous promptly <br />secure, or direct the Contractor to promptly secure, at the Contractor's sole expense, substitute services, <br />satisfactory to the City, for which the Contractor is in breach, upon the same terms and conditions as <br />provided in this Agreement <br />7:~wpolata8~akm~frenah;senewz.wpd ovovoo Page 4S of S9 <br />