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<br />. <br /> <br />. <br /> <br />36. <br /> <br />LIOUIDATED DAMAGES: <br /> <br />(a) The CITY finds, and the CONTRACTOR agrees, that as of the <br />time of the execution of this Agreement it is impractical, if not <br />impossible, to reasonably ascertain the extent of damages which <br />shall be incurred by the CITY as a result of a breach by CONTRACTOR <br />of its obligations under this Agreement. The factors relating to <br />the impracticability of ascertaining damages include, but are not <br />limited to, the fact that: (i) substantial damage results to <br />members of the public who are denied Solid Waste collection <br />services or denied quality or reliable collection service; (ii) <br />such breaches cause inconvenience, anxiety, frustration, and <br />deprivation of the benefits of this Agreement to individual members <br />of the general public for whose benefit this Agreement exists, in <br />subjective ways and in varying degrees of intensity which are <br />incapable of measurement in precise monetary terms; (iii) that the <br />monetary loss resulting from denial of services or denial of <br />quality or reliable services is impossible to calculate in precise <br />monetary terms; and, (iv) the termination of this Agreement for <br />such breaches, and other remedies are, at best, a means of future <br />correction and not remedies which make the public whole for past <br />breaches. <br /> <br />(b) Accordingly, the CITY may, in its discretion but after <br />complying with the notice and hearing procedures set forth in <br />section 35, assess liquidated damages of Five Hundred Dollars <br />($500.00) per day, for each calendar day that collection service is <br />not provided by CONTRACTOR in accordance with this Agreement. The <br />amount of the liquidated damages shall be subject to an annual CPI <br />adjustment computed at one hundred (100%) percent of the CPI for <br />All Urban Consumers (base years 1982-1984 = 100) for Los Angeles- <br />Anaheim-Riverside CMSA, published by the United States Department <br />of Labor, Bureau of Labor statistics. <br /> <br />(c) The CITY finds, and the CONTRACTOR acknowledges and <br />agrees, that the above described liquidated damages provisions <br />represent a reasonable sum in light of all of the circumstances. <br />Said liquidated damages sums shall be applicable to each calendar <br />day of delay during which CONTRACTOR has been found by the CITY to <br />be in default after having been given the proper notice and hearing <br />set forth in Section 35 of this Agreement. The CONTRACTOR shall <br />pay any liquidated damages assessed by the CITY within ten (10) <br />calendar days after they are assessed. If they are not paid within <br />the ten (10) day period, the CITY may order the termination of this <br />Agreement. <br /> <br />37. <br /> <br />USE BY CITY OF CONTRACTOR'S EOUIPMENT: <br /> <br />Upon cancellation of this Agreement by either party for any <br />reason prior to the end of the period specified herein as the term <br />of this Agreement, the CITY shall take possession and control of <br />all vehicles and equipment which it has licensed to CONTRACTOR <br />pursuant to section 11 herein and CITY shall also have the <br /> <br />30 <br />