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Notification of Fallure to Peifornt <br />Upon determining the existence of a breach under a -g above, the Contract Administrator <br />shall issue a written notice to Operator of the occurrence of such breach and the City's <br />claim for liquidated damages. <br />i. The notice of breach shall become final unless the City receives from Operator <br />not later than ten (10) business days after the date of the notice of breach, a <br />written statement from Operator, accompanied by evidence, that the breach did <br />not occur. If such written statement and evidence is not received by the City <br />Manager within ten (10) business days of the date of the notice of breach, the <br />Contract Administrator's determination shall be final. Operator agrees that the <br />Contract Administrator shall deduct the amount of such liquidated damages from <br />the next monthly payment due to Operator. <br />ii. If the Operator contests the imposition of a liquidated damage, the Contract <br />Administrator shall review Operator's written statement and evidence as soon as <br />reasonably possible, and render a decision sustaining or reversing the <br />determination that a breach occurred and the claim for liquidated damages. <br />Contract Administrator shall deliver to Operator a written notice of such decision <br />no later than ten (10) business days after receipt of Operator's written statement <br />and evidence. <br />30. TRANSITION OF OPERATION AND MANAGEMENT <br />Upon the expiration of this Operating Agreement or its earlier termination, the <br />Operator agrees to cooperate fully with the City in the smooth and businesslike transition <br />of the management and operation of the Parking Facilities to a new operator. <br />31. TITLE TO IMPROVEMENTS <br />Title to all equipment and improvements shall remain with the City. All signs and <br />gate arms installed by the Operator shall immediately upon installation become the <br />property of the City. <br />32. INSPECTION <br />The City and /or its authorized representatives shall have the right at all reasonable <br />times to inspect the Parking Facilities to determine if Operator is complying with the <br />provisions of this Agreement. The City reserves the right, at any time, at the request of <br />the Contract Administrator to call a conference of representatives of the City and the <br />Operator for the purpose of making a complete inspection of the Parking Facilities and <br />reviewing the operation, maintenance, quality of service and such other items as the City <br />may wish to review. <br />If evidence of discrepancies is discovered in the operational and accounting <br />311 <br />