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13 . Complaints and Damages for Minor Breach <br /> (a ) The City shall record all complaints and <br /> communications received by the City from persons and <br /> businesses being served under the provisions of this <br /> Agreement and all other incidents of failure to perform in <br /> accordance with this Agreement noted by the City. <br /> Contractor shall likewise record all complaints received by <br /> Contractor and shall make available such records to the <br /> Director of Public Works or his representative at any <br /> reasonable time . At least once each work day the Contractor <br /> or his agent shall contact the Director of Public Works or <br /> his representative , and shall , whenever requested to do so , <br /> personally appear at the office of the Director of Public <br /> Works for the purpose of receiving such records . The <br /> Contractor shall promptly report in writing to the Director <br /> of Public Works as to the action taken or other disposal <br /> made of each complaint. <br /> (b) In the event that the Director of Public <br /> Works determines that the Contractor has failed to render <br /> performance in accordance with the requirements of this <br /> Contract, other than failures to collect refuse as specified <br /> in section 10 , he may assess damages against the Contractor <br /> as provided herein . The Contractor shall in all cases be <br /> given a reasonable opportunity to remedy the defect in <br /> performance prior to such assessment of damages . The <br /> Director of Public Works shall promptly notify the <br /> 14 . <br />