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liquidated damages. Hauler shall then have the opportunity to address and remedy the issue <br /> including providing information rebutting the basis for the imposition of liquidated damages. <br /> The City will,in good faith,consider such information.Following the exchange of information, <br /> the City shall determine if liquidated damages are still appropriate, in its sole, reasonable <br /> determination. <br /> 14.1 Acts or Omissions <br /> 14.1.1 The imposition of liquidated damages is not a penalty,but recognition of the difficulty <br /> of ascertaining damage resulting from certain types of breaches of performance under <br /> the Contract.The assessment of liquidated damages shall be at the reasonable discretion <br /> of the City.Hauler will be charged for their own actions or omissions as defined below. <br /> 14.1.2 The City may assess liquidated damages in addition to or in lieu of other remedies <br /> available to the City for breach of the Contract.The City's failure to impose liquidated <br /> damages for lack of performance shall not constitute a waiver of the City's other rights <br /> and/or remedies,including but not limited to those under the Contract. <br /> 14.1.3 Hauler shall not be liable in any manner and shall not be considered in default or <br /> assessed liquidated damages for any failure to perform its obligations if such failure to <br /> perform is due to a Force Majeure event as described in this Contract or is solely due <br /> to the actions of an RDU. <br /> 14.1.4 The City and Hauler shall communicate on a regular and an as-needed basis related to <br /> customer complaints,accidents,billing errors,and other incidents. <br /> 14.1.5 Liquidated damages shall be paid by Hauler to the City within 30 days after assessment <br /> of the liquidated damages. If unpaid, the City may deduct the full amount of any <br /> liquidated damages from any payment due to Hauler,but any liquidated damages not <br /> so deducted shall remain the obligation of Hauler and be payable to the City on demand. <br /> 14.1.6 The following acts or omissions shall be considered a breach of the Contract,and for <br /> 1W the purpose of computing liquidated damages under these provisions: <br /> a. Liquidated Damages of$50.00 per RDU per incident: <br /> • Failure to properly deliver Carts to new customers as defined in the Cart roll- <br /> out plan; <br /> • Failure to respond to service complaints within 24 hours; <br /> • Failure to provide adequate notice to an RDU refused for collection service <br /> for cause (educational tagging or other communication outlined in this <br /> Contract); <br /> • Failure to collect properly notified Missed Collections within timeframe <br /> specified in this Contract; <br /> A-33 <br /> MU210\313\963095.v4 <br />