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<br />assessment adoption on or before October 1 of each year, and upon approval <br />thereof, the amount due shall be certified such charges to the County Auditor, <br />shall specify the name of the owner of the premises, the descriptio~~ of the <br />premises served and the amount thereof. The amount so certified shall be <br />extended by the Auditor of the tax rolls against such premises in the same manner <br />as other ta,'Ces. CONTRACTOR shall provide the CITY with a statement, at the <br />time of certification, that the accounts to be certified are because of delinquency, <br />and are not in dispute because of service standards of CONTRACTOR. <br /> <br />16. LIQUIDATED DAMAGES <br /> <br />A. Notice <br /> <br />To assure day-certain collection and a satisfactory collection service, <br />CONTRACTOR will provide a means for call-back service on any customer <br />missed on the scheduled day of collection. Notice by the CITY to <br />CONTRACTOR shall include the name, address, and telephone number of the <br />complaining party and the date of complaint. <br /> <br />B. Failure to Respond <br /> <br />Verified failure to make the collection shall be cause for CONTRACTOR to <br />deduct $5.00 liquidated damage from the monthly payment due to <br />CONTRACTOR. <br /> <br />C. Exceptions <br /> <br />For purposes of this Contract, CONTRACTOR shall not be deemed to be in <br />default where its inability.to perform is the result of conditions beyond the control <br />of CONTRACTOR? including, but not limited to, civil disorder, acts of God, <br />weather severe enough that trucks cannot make collections, RDF or landfill <br />closure, changes in applicable statutes, regulations, and ordinances; provided <br />however, that CONTRACTOR shall exhaust every reasonable remedy to correct <br />the conditions resulting iri its nonperfOlmance. In the event that CONTRACTOR <br />fails to provide collection service. The CONTRACTOR shall have five (5) days <br />(excluding Saturdays, Sundays, and holidays) to provide such service, and in the <br />event of continuing failures beyond said period, CONTRACTOR shall not be <br />entitled to payment for any customer not so serviced. <br /> <br />17. LIABILITY INSURANCE <br /> <br />CONTRACTOR shall maintain and file a policy with the CITY on liability insurance <br />during the whole period of the Contract in the sum of $500,000.00 covering claims for <br />personal injuries to more than one person and $1,000,000.00 covering claims to more <br />than one person in the same accident, and $500,000.00 for claims of injury to property <br />which shall insure the CITY as a named insurance' as well as CONTRACTOR, against <br /> <br />11 <br />