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(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 /> or reductions or compensatory service upon the Customer' s filing of <br /> a claim for the same with the CONTRACTOR. To the extent Bin or <br /> Roll-Off Service collections are made at CITY 'S expense in the <br /> absence of CONTRACTOR' s performance, CONTRACTOR shall be liable to <br /> CITY for a proportionate amount of the Customers ' payments due to <br /> the CONTRACTOR. <br /> 40. FEES AND GRATUITIES: <br /> CONTRACTOR shall not, nor shall it permit any agent, employee <br /> or subcontractor employed by it to, request, solicit, demand, or <br /> accept, either directly or indirectly, any compensation or gratuity <br /> for the collection of Solid Waste otherwise required to be <br /> collected under this Agreement, except such compensation as is <br /> provided for in this Agreement. However, CONTRACTOR may make <br /> available to Bin Service users special services as provided for in <br /> Section 28 hereof. CONTRACTOR may make a direct charge in each <br /> instance for such service under a written agreement which shall be <br /> subject to the approval of the Executive Director and at such rates <br /> as are reasonable, just and uniform for all persons requesting such <br /> additional services. All such charges shall be collected by <br /> CONTRACTOR. Nothing in this section or in this Agreement shall be <br /> construed, however, to require CONTRACTOR to render services of any <br /> kind to any person to the extent such services are not specifically <br /> required by the provisions of this Agreement, or to require that <br /> CONTRACTOR having rendered special or additional services not <br /> provided for herein to one or more persons, to offer or render the <br /> same services to any other person or entity. <br /> 32 <br />