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<br />. <br /> <br />. <br /> <br />39. <br /> <br />COMPENSATION REDUCTION DURING STRIKE PERIOD: <br /> <br />In the event that there occurs any period in which CONTRACTOR <br />fails to maintain substantially complete regular" collection <br />services pursuant to this Agreement and the collection schedules <br />then in effect, by reason of a strike or CONTRACTOR's failure to <br />pay his employees, and only if such period includes more than ten <br />(10) normal collection days (weekdays), then the following shall <br />apply. <br /> <br />(a) The City Council may assess damages against the <br />CONTRACTOR in an amount which does not exceed the sum of the <br />following: <br /> <br />(1) The expenses incurred by the CITY in providing <br />collection, Recycling, Yard Waste Diversion and/or disposal <br />services pursuant to section 34; and, <br />(2) Fifty percent (50%) of the amount by which CITY <br />revenue from fees collected for curbside service by the CITY from <br />the public is reduced due to any reduction or refund of such fees <br />granted by the city Council to compensate such fee payers for the <br />inconvenience experienced by them due to CONTRACTOR's failure to <br />furnish full performance during such period. <br /> <br />(b) In assessing damages, the City Council shall take into <br />account the CONTRACTOR's efforts to mitigate the inconvenience to <br />the public receiving curbside service. In particular, CONTRACTOR <br />shall be given credit for Curbside Service Unit collections made by <br />CONTRACTOR by having damages assessed, subject to the above said <br />maximum, in approximately the same proportion to the compensation <br />due CONTRACTOR for curbside service during the subject period as <br />the number of Curbside Service Unit collections which CONTRACTOR <br />failed to make bears to the total number of Curbside Service unit <br />collections which should have been made pursuant to this Agreement. <br /> <br />(c) In addition to any other lawful means of effecting <br />recovery of the damages assessed against CONTRACTOR the amount <br />thereof may be deducted by CITY from money due or which may become <br />due to the CONTRACTOR either in single sum or in installments. In <br />the event CONTRACTOR objects to such assessment or set-off, it <br />shall nevertheless maintain full performance under this Agreement, <br />reserving all rights to subsequently litigate the propriety or <br />amount of the damages assessed. <br /> <br />(d) Refunds or reduction of payments of CONTRACTOR's <br />Customers shall be the sole responsibility of CONTRACTOR. <br />CONTRACTOR covenants for the benefit of each such Customer to grant <br />a reasonable and fair refund or reduction or compensatory service; <br />provided, however, that the CONTRACTOR may condition such refunds <br />or reductions or compensatory service upon the Customer's filing of <br />a claim for the same with the CONTRACTOR. To the extent Bin or <br />Roll-Off Service collections are made at CITY'S expense in the <br />absence of CONTRACTOR's performance, CONTRACTOR shall be liable to <br /> <br />32 <br />