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36. LIQUIDATED DAMAGES: <br /> (a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution of this <br /> Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall <br /> be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this <br /> Agreement. The factors relating to the impracticability of ascertaining damages include, but are not <br /> limited to, the fact that: (i) substantial damage results to members of the public who are denied Solid <br /> Waste collection services or denied quality or reliable collection service; (ii) such breaches cause <br /> inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual <br /> members of the general public for whose benefit this Agreement exists, in subjective ways and in <br /> varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that <br /> the monetary loss resulting from denial of services or denial of quality or reliable services is impossible <br /> to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches, <br /> and other remedies are, at best, a means of future correction and not remedies which make the public <br /> whole for past breaches. <br /> (b) Accordingly, the CITY may, in its discretion but after complying with the notice and <br /> hearing procedures set forth in Section 35, assess liquidated damages of Five Hundred Dollars <br /> ($500.00) per day, for each calendar day that collection service is not provided by CONTRACTOR in <br /> accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual <br /> CPI adjustment computed at one hundred (100%) percent of the CPI for All Urban Consumers (base <br /> years 1982-1984 = 100) for Los Angeles-Anaheim-Riverside CMSA, published by the United States <br /> Department of Labor,Bureau of Labor Statistics. <br /> (c) The CITY fmds, and the CONTRACTOR acknowledges and agrees, that the above <br /> described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. <br /> Said liquidated damages sums shall be applicable to each calendar day of delay during which <br /> CONTRACTOR has been found by the CITY to be in default after having been given the proper notice <br /> and hearing set forth in Section 35 of this Agreement. The CONTRACTOR shall pay any liquidated <br /> damages assessed by the CITY within ten (10) calendar days after they are assessed. If they are not <br /> paid within the ten(10) day period,the CITY may order the termination of this Agreement. <br /> 37. USE BY CITY OF CONTRACTOR'S EQUIPMENT: <br /> Upon cancellation of this Agreement by either party for any reason prior to the end of the period <br /> specified herein as the term of this Agreement, the CITY shall take possession and control of all <br /> vehicles and equipment which it has licensed to CONTRACTOR pursuant to Section 11 herein and <br /> CITY shall also have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors <br /> and other items of equipment used by CONTRACTOR in the performance of the work specified in this <br /> Agreement. Further, the City shall have access to the MRF and composting facilities used by the <br /> CONTRACTOR for the Processing, Recycling and Yard Waste Diversion of Solid Waste produced or <br /> accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as <br /> specified herein shall extend following the date of cancellation of this Agreement for a period of ninety <br /> (90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section <br /> 27 <br />