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<br />CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 13 <br />12.3.1 Review annual report, including trends in recovery rate and participation. <br />12.3.2 Review efforts made to expand recyclable markets. <br />12.3.3 Review performance based on feedback from residents. <br />12.3.4 Review recommendations for improvement in the City’s recycling program, including <br />enhanced public education and other opportunities. <br /> <br /> <br />13 Default and Termination <br />13.1 If the work to be done under this Contract is abandoned by the Contractor; or if this Contract is <br />assigned by it without the written consent of the City Council; or if the Contractor is adjudged <br />bankrupt; or if a general assignment of assets is made for the benefit of the Contractor’s <br />creditors; or if a receiver is appointed for the Contractor of any of its property; or if, at any time, <br />the City determines that the performance of the work under this Contract is being unnecessarily <br />delayed or that the Contractor is violating any of the conditions of this Contract, or that it is <br />executing the same in bad faith or otherwise not in accordance with the terms of this Contract, <br />then the City may serve written notice upon the Contractor and its surety of the City’s intention <br />to terminate this Contract. <br /> <br />13.2 Unless within twenty-one (21) days after the servicing of such notice, a satisfactory arrangement <br />is made for continuance, this Contract shall terminate and the Contractor and its surety shall be <br />liable to the City for all costs. <br /> <br />13.3 The City May Withhold Payments or Performance Bond In the event of Contractor’s default <br />under the terms of this Contract, all payments due the Contractor shall be retained by the City <br />and applied to the completion of the Contract and to damages suffered and expense incurred by <br />the City by reason of such default, unless the surety on the performance bond shall assume the <br />Contract, in which event all payments remaining due the Contractor at the time of default, less <br />amounts due the City from the Contractor and less all sums due the City for damages suffered <br />and expense incurred by reason of such default shall be due and payable to such surety. <br />Thereafter, such surety shall receive monthly payments equal to those that would have been paid <br />to the Contractor had such Contractor continued to perform the Contract. <br /> <br />13.4 Liquidated Damages <br /> <br />13.4.1 The imposition of liquidated damages is not a penalty, but recognition of the difficulty of <br />ascertaining the damage resulting from certain types of performance breaches. The <br />assessment of liquidated damages shall be at the reasonable discretion of the City and shall <br />be in lieu of other remedies, if imposed. <br />13.4.2 The City may deduct the full amount of any liquidated damages from any payment due to <br />the Contractor, but any liquidated damages not so deducted shall remain the obligation of <br />the Contractor and be payable to the City on demand. <br />13.4.3 The City may assess liquidated damages in lieu of other remedies available to the City for <br />breach of the Contract or violation of the City’s ordinances. Failure to impose liquidated <br />damages for lack of performance shall not constitute a waiver of the City’s other rights