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Handling Service is of utmost importance to City and that City has considered and <br />relied on Contractor's representations as to its quality of service commitment in <br />entering this Agreement. The Parties further recognize that some quantified standards <br />of performance are necessary and appropriate to ensure consistent and reliable service <br />and performance. The Parties further recognize that if Contractor fails to achieve the <br />performance standards, or fails to submit required documents in a timely manner, City <br />and its residents will suffer damages and that it is and will be impractical and extremely <br />difficult to ascertain and determine the exact amount of damages which City will suffer. <br />Therefore, without prejudice to City's right to treat such breaches as an event of default <br />under this Article 11, the Parties agree that the following liquidated damage amounts <br />represent a reasonable estimate of the amount of such damages for such specific <br />breaches, considering all of the circumstances existing on the date of this Agreement, <br />including the relationship of the sums to the range of harm to City that reasonably <br />could be anticipated and the anticipation that proof of actual damages would be costly <br />or impractical. In placing their initials at the places provided, each party specifically <br />confirms the accuracy of the statements made above and the fact that each party has <br />had ample opportunity to consult with legal counsel and obtain an explanation of the <br />liquidated damage provisions at the time that the Agreement was made. <br />Contractor City <br />Initial Here Initial Here <br />Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set <br />forth below: <br />1. Collection Reliability <br />a) For each failure to commence service to a new Customer account within <br />seven (7) days after order, which exceeds five (5) such failures annually: <br />$100.00 per occurrence <br />b) For each failure to Collect Solid Waste, which has been properly set out for <br />Collection, from an established Customer account on the scheduled <br />Collection day and not Collected within the period described in this <br />Agreement which exceeds ten (10) such failures annually: <br />$100.00 per occurrence <br />March 9, 2020 60 125214 City of Santa Ana - DRAFT <br />