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B . In the event that the Executive Director determines <br /> that the CONTRACTOR has failed to render performance in accordance <br /> with the requirements of this Contract , other than failures to <br /> collect refuse as specified in section 10 , he may assess reasonable <br /> damages against the CONTRACTOR as provided herein. The CONTRACTOR <br /> shall in all cases be given a reasonable opportunity to remedy <br /> the defect in performance prior to such assessment of damages . <br /> The Executive Director shall promptly notify the CONTRACTOR of <br /> any such assessment and CONTRACTOR shall have ten ( 10 ) calendar <br /> days thereafter in which to request a hearing by the City Council , <br /> which may affirm, modify , or revoke the decision of the Executive <br /> Director. Such damages, unless revoked or revised by the City <br /> Council , shall thereafter be set off against moneys due or to <br /> become due the CONTRACTOR. It is agreed that in the event of <br /> a minor breach by the CONTRACTOR of its performance requirements <br /> under this Agreement , it would be impractical or extremely diffi- <br /> cult to fix the actual damage and therefore the CONTRACTOR agrees <br /> that upon such a minor breach, it will pay to the CITY as liqui- <br /> dated damages and not as a penalty the sum of One Hundred Dollars <br /> ( $100 .00 ) for each business day during which such breach continues <br /> after receipt of actual notice thereof . Such sums represents a <br /> reasonable compensation for the loss incurred because of such <br /> minor breach. <br /> 14 . Standards for Collection, Equipment and Noise : <br /> Equipment used by CONTRACTOR for the collection and <br /> hauling of refuse shall be used so as to assure, in the reasonable <br /> 14 . <br />