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calls related to missed pick-ups and the service response provided <br /> by the CONTRACTOR. Such records shall be made available for <br /> inspection upon request by the Executive Director. <br /> 36. COMPENSATION REDUCTION DURING STRIKE PERIOD: <br /> In the event that there occurs any period in which CONTRACTOR <br /> fails to maintain substantially complete regular collection <br /> services pursuant to this Agreement and the collection schedules <br /> then in effect, by reason of a strike or CONTRACTOR' S failure to <br /> pay his employees, and only if such period includes more than ten <br /> (10) normal collection days (weekdays) , then the following shall <br /> apply. <br /> (a) . The City Council may assess damages against the <br /> CONTRACTOR in an amount which does not exceed the sum of the <br /> following: <br /> (1) The expenses incurred by the CITY in providing <br /> collection, recycling, yard waste diversion and/or disposal <br /> services pursuant to Section 31; and, <br /> (2) Fifty percent (50%) of the amount by which CITY <br /> revenue from fees collected for curbside service by the CITY from <br /> the public is reduced due to any reduction or refund of such fees <br /> granted by the City Council to compensate such fee payers for the <br /> inconvenience experienced by them due to CONTRACTOR' S failure to <br /> furnish full performance during such period. <br /> (b) . In assessing damages, the City Council shall take into <br /> account the CONTRACTOR' S efforts to mitigate the inconvenience to <br /> the public receiving curbside service. In particular, CONTRACTOR <br /> shall be given credit for curbside service unit collections made by <br /> CONTRACTOR by having damages assessed, subject to the above said <br /> maximum, in approximately the same proportion to the compensation <br /> due CONTRACTOR for curbside service during the subject period as <br /> the number of curbside service unit collections which CONTRACTOR <br /> failed to make bears to the total number of curbside service unit <br /> collections which should have been made pursuant to this Agreement. <br /> (c) . In addition to any other lawful means of effecting <br /> recovery of the damages assessed against CONTRACTOR the amount <br /> thereof may be deducted by CITY from money due or which may become <br /> due to the CONTRACTOR either in single sum or in installments. In <br /> the event CONTRACTOR objects to such assessment or set-off, it <br /> shall nevertheless maintain full performance under this Agreement, <br /> reserving all rights to subsequently litigate the propriety or <br /> amount of the damages assessed. <br /> (d) . Refunds or reduction of payments of CONTRACTOR' S <br /> customers shall be the sole responsibility of CONTRACTOR. <br /> CONTRACTOR covenants for the benefit of each such customer to grant <br /> a reasonable and fair refund or reduction or compensatory service; <br /> provided, however, that the CONTRACTOR may condition such refunds <br /> 32 <br />