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<br />(5) If the CONTRACTOR willfully fails to make any <br />payments required under the Agreement and/or refuses to provide the <br />CITY with required information and/or reports in a timely manner as <br />provided in this Agreement; or, <br />(6) Any other act or omission by the CONTRACTOR which <br />materially violates the terms, conditions, or requirements of this <br />Agreement, CIWMA, as it may be amended from time to time, or any <br />order, directive, rule, or regulation issued thereunder and which <br />is not corrected or remedied within the time,set in the written <br />notice of the violation. <br /> <br />(g) In addition to the remedies set forth herein, the CITY <br />shall have the right to obtain damages and/or injunctive relief. <br />Both parties recognize and agree that in the event of a breach <br />under the terms of this Agreement by CONTRACTOR, the CITY may <br />suffer irreparable injury and incalculable damages sufficient to <br />support injunctive relief, to enforce the provisions of this <br />Agreement and to enjoin the breach thereof. <br /> <br />(h) If CONTRACTOR claims default by the CITY in the payment <br />of any money due or alleged to be due to CONTRACTOR pursuant to <br />this Agreement, CONTRACTOR shall not be entitled to cancel this <br />Agreement if the CITY, wi thin seven (7) days after receipt of <br />notice of the claimed default, deposits the amount in controversy <br />into an interest bearing account in a commercial bank or lending <br />institution and maintains such deposit until such time as a final <br />judicial decision or agreement between the parties determines the <br />rightful disposition of the said amount in controversy; provided <br />that CONTRACTOR shall be deemed to have waived all claims to the <br />said amount if no agreement is reached nor any legal proceeding <br />initiated within ninety (90) days of the CONTRACTOR's service of <br />written notice of default on the CITY. <br /> <br />36. <br /> <br />LIQUIDATED DAMAGES: <br /> <br />(a) The CITY finds, and the CONTRACTOR agrees, that as of the <br />time of the execution of this Agreement it is impractical, if not <br />impossible, to reasonably ascertain the extent of damages which <br />shall be incurred by the CITY as a result of a breach by CONTRACTOR <br />of its obligations under this Agreement. The factors relating to <br />the impracticability of ascertaining damages include, but are not <br />limited to, the fact that: (i) substantial damage results to <br />members of the public who are denied Solid Waste collection <br />services or denied quality or reliable collection service; (ii) <br />such breaches cause inconvenience, anxiety, frustration, and <br />deprivation of the benefits of this Agreement to individual members <br />of the general public for whose benefit this Agreement exists, in <br />subjective ways and in varying degrees of intensity which are <br />incapable of measurement in precise monetary terms; (iii) that the <br />monetary loss resulting from denial of services or denial of <br />quality or reliable services is impossible to calculate in precise <br />monetary terms; and, (iv) the termination of this Agreement for <br /> <br />29 <br />