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13.4.4 The Contractor shall be liable to the City for liquidated damages, in the <br />amount of $75.00 for the first incident, $100.00 for the second incident and <br />$200.00 per incident thereafter; upon determination by the City that <br />performance has not occurred consistent with the following provisions of the <br />Contract: <br />13.4.4.1 Failure to pick up missed collections by 6:00 p.m. on the day <br />following scheduled collection day. <br />13.4.4.2 Failure to complete City-wide or route -wide collection by <br />6:00 p.m. on the scheduled collection day, unless prior <br />approval is received by the City. <br />13.4.4.3 Failure to adequately address legitimate complaints, whether <br />submitted by residents or the City. <br />13.4.4.4 Failure promptly to clean up any spills or leaks caused bythe <br />Contractor. <br />13.4.4.5 Failure to clean up scattered or spilled material spilled bythe <br />Contractor within three hours of written or oral notice from the <br />City. <br />13.4.4.6 Disposal of recyclables by the Contractor in a landfill, <br />resource recovery facility or other disposal facility without <br />receiving prior written City permission. <br />13.4.4.7 Failure to adhere to other collection restrictions and <br />requirements set forth in the Contract. If the Contractor has <br />violated or failed to follow collection restrictions or <br />requirements in general, the City may treat each violation or <br />failure as a separate incident for the purpose of calculating <br />liquidated damages. <br />13.4.4.8 Failure to request and obtain permission from the City for <br />collecting on the residential routes earlier than 7 a.m. or later <br />than 6 p.m. <br />CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 22 <br />