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Failure or neglect to collect recycling from a missed pickup <br />location according to l FP Item 14. <br />$50.00 each incident. <br />The Contractor shall be liable for penalty amoun t(s) upon <br />determination of the City of Roseville that performance has not <br />occurred consistent with the provisions of the Contract. The <br />City may deduct the full amount of any penalties from any <br />payment due to the Contractor. The remedy available to the <br />City under this paragraph shall be in addition to all other <br />remedies which the City may have under law or at equity. <br />Exceptions: For the purposes of this Proposal, the Contractor shall <br />not be deemed to be liable for penalties where its inability to perform <br />recycling collection service is the result of conditions beyond the <br />control of the Contractor, including but not limited to civil disorder, <br />acts of God, inclement weather severe enough that tacks cannot <br />safely take collections, provided however, that the Contractor shalt <br />obtain the approval for the delay from the Recycling Coordinator or <br />their designee prior to 4:00 p.m. of the scheduled Collection Day, <br />7 ., Services Not Provided For: No claim for services furnished by the <br />Contractor not specifically provided for herein shall be honored by the <br />City. <br />28. Damage to Properly: The Contractor shall take all necessary <br />precautions to protect public and private property during the <br />performance of this Agreement. Except for reasonable wear and <br />tear, the Contractor shall repair or replace any private or public <br />property, including, but not limited to sad, mailboxes, or recycling <br />bins, which are damaged by the Contractor. Such property damage <br />shall be addressed for repair or replacement, at no charge to the <br />property owner, within forty -eight (48) hours with properly of the <br />same or equivalent value at the time of the damage. <br />If the Contractor fails to address the repair or replacement of <br />damaged property within foray -eight (48), the City may, but sham not <br />be obligated to, repair or replace such damaged property, and the <br />Contractor shall fully reimburse the City's for any of its reasonably <br />incurred expenses. The Contractor shall reimburse the City for any <br />such expenses within ten (10) days of receipt of the City's invoice. <br />15 <br />