GREAT WESTERN RECLAMATION, INC.1977

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(b) In assessing damages the City Council shall take into account the Contractor' s efforts to mitigate the incon- venience to the public receiving standard service. In particular, Contractor shall be given credit for service unit collections made by Contractor by having damages assessed, subject to the abovesaid maximum, in approximately the same proportion to the compensation due Contractor for standard service during the subject period as the number of service unit collections which Contractor failed to make bears to the total number of service unit collections which should have been made pursuant to this Contract. (c) In addition to any other lawful means of effecting recovery of the damages assessed against Contractor, the amount thereof may be deducted by the City from money due or which may become due to the Contractor, either in single sum or in installments. In the event Contractor objects to such assessment or set-off, he shall nevertheless maintain full performance under this Contract, reserving all rights to subsequently litigate the propriety or amount of the damages assessed. (d) Refunds or reduction of payments of Contractor' s bin service customers shall be the sole responsibility of Contractor. Contractor covenants for the benefit of each such customer to grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the Contractor may condition such refunds or reductions or compensatory service upon the customer' s filing of a claim for the same with the Contractor. To the extent bin service collections are made at City expense in the absence of Contractor' s performance, Contractor shall be liable to the City for a proportionate amount of the customers ' payments due to the Contractor. 26. Term of Contract (a) The term of this Contract shall begin on the first day of the first calendar month following the date of -22-