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Employees smoking in enclosed structures while <br />n) <br />performing duties or extinguishing smoking material <br />anywhere other than in container as specified in 5.02 <br /> $50 each incident <br />Failure to collect recyclables according to specifications in <br />o) <br />5.05 and 5.08 <br />$250 for each witnessed report of a driver inappropriately <br />collecting recyclable material <br />The Contractor shall be liable for liquidated damages amount(s) upon <br />determination of the City of Roseville that performance has not <br />occurred consistent with the provisions of the contract. The City shall <br />notify Contractor in writing or electronically of each act or omission <br />in this Agreement reported to or discovered by the City. It shall be <br />the duty of Contractor to take whatever steps or action may be <br />necessary to remedy the cause of the complaint. <br />The City may deduct the full amount of any damages from any <br />payment due to the Contractor. The remedy available to the City <br />under this paragraph shall be in addition to all other remedies which <br />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 trucks cannot <br />safely take collections, provided however, that the Contractor shall <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 />8.06. Services Not Provided For <br /> No claim for services furnished by the Contractor not specifically <br />provided for herein shall be honored by the City. <br />9. INSURANCE AND OTHER LEGAL REQUIREMENTS <br />9.01. Insurance <br />37 <br /> <br />