GREAT WESTERN RECLAMATION, INC.1977

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G. Waivers: No acquiesence, failure or neglect of either of the contracting parties to insist on strict performance of any or all of the terms hereof shall be considered as or constitute a waiver of any term or condition of the Contract or any performance required thereunder, or any remedy, damage or other liability arising out of such refusal, neglect or inability to perform at any time. 21. Payment for Services Standard Service (a) As compensation for the performance in each calendar month by the Contractor of the standard service work des- cribed in this Contract, he shall receive from the City, on or before the fifteenth day of the following calendar month, an amount equal to the service unit rate multiplied by the total number of service units. (b) The total number of service units is stipulated to be 41,700 as of July 1, 1978. Such number shall be re- determined on January 1 and July 1 of each subsequent calendar year by the Director of Public Works. (c) The service unit rate shall be equal to the average of the monthly rates paid by the six cities of Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, and Orange for similar services. Such service unit rate shall be calculated on July 1 of each calendar year and shall remain in effect for each ensuing one-year period. The service unit rate shall be calculated by the Contractor subject to the approval of the Director of Public Works. The information used by the Contractor in the development of the rate comparisons and calculations of the average rate and related adjustments shall be made available by the Contractor to the Auditor for his review and recommendation to the Director of Public Works as to the validity, sufficiency, and accuracy of the rate determination. The rates in effect in each of the aforesaid cities as of July 1 shall be independently verified by the Auditor. In the event the Auditor is not able to validate the rate within thirty -17- 1