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Collections which Contractor failed to make bears to the total number of <br />Residential Curbside Service Unit Collections which should have been made <br />pursuant to this Agreement. <br />City may determine the occurrence of events giving rise to liquidated damages through <br />the observation of its own employees or representative or investigation of Customer <br />complaints. <br />Prior to assessing liquidated damages, City shall give Contractor notice of its intention <br />to do so. The notice will include a brief description of the incident(s)/non-performance. <br />Contractor may review (and make copies at its own expense) all information in the <br />possession of City relating to incident(s)/non-performance. Contractor may, within ten <br />(10) days after receiving the notice, request a meeting with City. Contractor may <br />present evidence in writing and through testimony of its employees and others relevant <br />to the incident(s)/non-performance. City will provide Contractor with a written <br />explanation of its determination on each incident(s)/non-performance prior to <br />authorizing the assessment of liquidated damages. The decision of City shall be final. <br />C. Amount. City may assess liquidated damages for each calendar day or <br />event, as appropriate, that Contractor is determined to be liable in accordance with this <br />Agreement. <br />D. Timing of Payment. Contractor shall pay any liquidated damages <br />assessed by City within ten (10) days after they are assessed. If they are not paid within <br />the ten (10) day period, City may proceed against the performance bond required by the <br />Agreement or find Contractor in default and terminate this Agreement pursuant to <br />Section 11.1, or both. <br />11.5 Excuse from Performance <br />The parties shall be excused from performing their respective obligations hereunder in <br />the event they are prevented from so performing by reason of floods, earthquakes, other <br />natural disasters, war, civil insurrection, riots, acts of any government (including <br />judicial action), and other similar catastrophic events which are beyond the control of <br />and not the fault of the party claiming excuse from performance hereunder. <br />Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick- <br />out, picketing, or other concerted job action conducted by Contractor's employees or <br />March 9, 2020 130 City of Santa Ana - DRAFT <br />60A-219 <br />