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<br />such breaches, and other remedies are, at best, a means of future <br />correction and not remedies which make the public whole for past <br />breaches. <br /> <br />(b) Accordingly, the CITY may, in its discretion but after <br />complying with the notice and hearing procedures set forth in <br />Section 35, assess liquidated damages of Five Hundred Dollars <br />($500.00) per day, for each calendar day that collection service is <br />not provided by CONTRACTOR in accordance with this Agreement. The <br />amount of the liquidated damages shall be subject to an annual CPI <br />adjustment computed at one hundred (lOOt) percent of the CPI for <br />All Urban Consumers (base years 1982-1984 = 100) for Los Angeles- <br />Anaheim-Riverside CMSA, published by the United States Department <br />of Labor, Bureau of Labor statistics. <br /> <br />(c) The CITY finds, and the CONTRACTOR acknowledges and <br />agrees, that the above described liquidated damages provisions <br />represent a reasonable sum in light of all of the circumstances. <br />Said liquidated damages sums shall be applicable to each calendar <br />day of delay during which CONTRACTOR has been found by the CITY to <br />be in default after having been given the proper notice and hearing <br />set forth in Section 35 of this Agreement. The CONTRACTOR shall <br />pay any liquidated damages assessed by the CITY within ten (10) <br />calendar days after they are assessed. If they are not paid within <br />the ten (10) day period, the CITY may order the termination of this <br />Agreement. <br /> <br />37. <br /> <br />USE ~ CITY OF CONTRACTOR'S EOUIPMENT: <br /> <br />Upon cancellation of this Agreement by either party for any <br />reason prior to the end of the period specified herein as the term <br />of this Agreement, the CITY shall take possession and control of <br />all vehicles and equipment which it has licensed to CONTRACTOR <br />pursuant to Section 11 herein and CITY shall also have the <br />exclusive right to rent or lease and operate any or all trucks, <br />trailers, tractors and other items of equipment used by CONTRACTOR <br />in the performance of the work specified in this Agreement. <br />Further, the City shall have access to the MRF and composting <br />facilities used by the CONTRACTOR for the Processing, Recycling and <br />Yard Waste Diversion of Solid Waste produced or accumulated within <br />the CITY. The right of the CITY to enter upon and use facilities <br />and equipment as specified herein shall extend following the date <br />of cancellation of this Agreement for a period of ninety (90) <br />consecutive calendar days. The rental prices to be paid the <br />CONTRACTOR under this section shall be such to adequately reflect <br />the most current rental prices prevailing in the county of Orange <br />at the date of termination. <br /> <br />Any moneys due the CONTRACTOR for rental of the equipment <br />under the provisions of this section may be withheld by the CITY <br />and used by it for the purpose of paying any outstanding liens or <br />payments due and unpaid upon the said equipment. <br /> <br />30 <br />