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(5) If the CONTRACTOR willfully fails to make any <br /> payments required under the Agreement and/or refuses to provide the <br /> CITY with required information and/or reports in a timely manner as <br /> provided in this Agreement; or, <br /> (6) Any other act or omission by the CONTRACTOR which <br /> materially violates the terms, conditions, or requirements of this <br /> Agreement, CIWMA, as it may be amended from time to time, or any <br /> order, directive, rule, or regulation issued thereunder and which <br /> is not corrected or remedied within the time set in the written <br /> notice of the violation. <br /> (g) In addition to the remedies set forth herein, the CITY <br /> shall have the right to obtain damages and/or injunctive relief. <br /> Both parties recognize and agree that in the event of a breach <br /> under the terms of this Agreement by CONTRACTOR, the CITY may <br /> suffer irreparable injury and incalculable damages sufficient to <br /> support injunctive relief, to enforce the provisions of this <br /> Agreement and to enjoin the breach thereof. <br /> (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 /> 36. LIQUIDATED 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 /> 29 <br />