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<br />Attachment C <br /> <br />31. CITY RETAINS RIGHT TO SPECIFY RESIDENT PREPARATION <br />INSTRUCTIONS - The Contractor agrees that it is the City's sole right <br />to clearly specify the resident sorting and set-out requirements. The <br />City shall publish and distribute, on an annual basis, the detailed <br />recyclables preparation instructions for its residents. However, it <br />agrees to confer with the Contractor prior to annual distribution. <br /> <br />33. LIOUIDATED DAMAGES - The Contractor agrees, in addition to any <br />other remedies available to the City, the City may withhold payment <br />from the Contractor in the amounts specified below as liquidated <br />damages for failure of the Contractor to fulfill its obligations: <br /> <br />F. Failure to report on changes in location of recyclables <br />processing operations (as per Section II of the Agreement <br />body) - $250 per incident. <br />G. Exceeding the maximum process reject (residuals) rate (as per <br />Section 4 of the Agreement body) - $1,000 per exceedence <br />(defined as a monthly total by weight over the specified <br />maximum rate). <br />H. Failure to receive City written approval of changes to the "Two- <br />Sort" collection/processing system prior to implementing any <br />such change (as specified in Attachment A: Paragraph IILA.16) <br />- $5,000. <br />1. Failure to conduct annual composition analysis (as specified in <br />Attachment A: Paragraphs IILA.I? and IILB.18) - $100 per <br />incident. <br />J. Failure to provide written description of the means to estimate <br />relative amount of process residuals derived from the City's <br />recyclables (as per Attachment A: Paragraphs IILA.18 and <br />IILB.19) - $100 per incident. <br /> <br />These amounts are liquidated damages for losses suffered by the City, <br />and not a penalty. <br /> <br />2 <br /> <br />DRAFT <br /> <br />7/20/05 <br />