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(h) If CONTRACTOR claims default by the CITY in the payment <br /> of any money due or alleged to be due to CONTRACTOR pursuant to <br /> this Agreement, CONTRACTOR shall not be entitled to cancel this <br /> Agreement if the CITY, within seven (7) days after receipt of <br /> notice of the claimed default, deposits the amount in controversy <br /> into an interest bearing account in a commercial bank or lending <br /> institution and maintains such deposit until such time as a final <br /> judicial decision or agreement between the parties determines the <br /> rightful disposition of the said amount in controversy; provided <br /> that CONTRACTOR shall be deemed to have waived all claims to the <br /> said amount if no agreement is reached nor any legal proceeding <br /> initiated within ninety (90) days of the CONTRACTOR'S service of <br /> written notice of default on the CITY. <br /> 33. LIOUIDATED DAMAGES: <br /> (a) The CITY finds, and the CONTRACTOR agrees, that as of the <br /> time of the execution of this Agreement it is impractical, if not <br /> impossible, to reasonably ascertain the extent of damages which <br /> shall be incurred by the CITY as a result of a breach by CONTRACTOR <br /> of its obligations under this Agreement. The factors relating to <br /> the impracticability of ascertaining damages include, but are not <br /> limited to, the fact that: (i) substantial damage results to <br /> members of the public who are denied solid waste collection <br /> services or denied quality or reliable collection service; (ii) <br /> such breaches cause inconvenience, anxiety, frustration, and <br /> deprivation of the benefits of this Agreement to individual members <br /> of the general public for whose benefit this Agreement exists, in <br /> subjective ways and in varying degrees of intensity which are <br /> incapable of measurement in precise monetary terms; (iii) that the <br /> monetary loss resulting from denial of services or denial of <br /> quality or reliable services is impossible to calculate in precise <br /> monetary terms; and, (iv) the termination of this Agreement for <br /> such breaches, and other remedies are, at best, a means of future <br /> correction and not remedies which make the public whole for past <br /> breaches. <br /> (b) Accordingly, the CITY may, in its discretion but after <br /> complying with the notice and hearing procedures set forth in <br /> Section 32, assess liquidated damages of Five Hundred Dollars <br /> ($500. 00) per day, for each calendar day that collection service is <br /> not provided by CONTRACTOR in accordance with this Agreement. The <br /> amount of the liquidated damages shall be subject to an annual CPI <br /> adjustment. <br /> (c) The CITY finds, and the CONTRACTOR acknowledges and <br /> agrees, that the above described liquidated damages provisions <br /> represent a reasonable sum in light of all of the circumstances. <br /> Said liquidated damages sums shall be applicable to each calendar <br /> day of delay during which CONTRACTOR has been found by the CITY to <br /> be in default after having been given the proper notice and hearing <br /> set forth in Section 32 of this Agreement. The CONTRACTOR shall <br /> pay any liquidated damages assessed by the CITY within ten (10) <br /> 30 <br />