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"CITY" <br />By: <br />By: <br />"OPERATOR" <br />a. Failure to make daily deposits of all receipts, for each day, or portion <br />thereof, that deposit is delayed beyond the deposit deadline. (The only exception shall be <br />for Acts of God, such as earthquakes, in which delay is beyond the Operator's control.) <br />One Hundred Dollars ($100) a day for each failure to perform. <br />b. Failure to deliver, on time, required items such as reports, schedules, <br />manuals, budgets or other materials as specified in the Operating Agreement. Twenty- <br />five dollars ($25) per item or set of materials. <br />C. Failure to have revenue control tickets available and installed and each <br />and every ticket-dispensing machine. Fifty dollars ($50) per failure. <br />d. Failure to maintain accurate monthly parking records, including monthly <br />parking applications, accurate access log, notification to the City of delinquent accounts, <br />and maintenance of activation/deactivation of monthly access. The current applicable <br />monthly rate per record or access occurrence. <br />e. Failure to properly notify the City of any unpaid individual monthly <br />permit account or event parking pass. The current applicable monthly rate for <br />each month that the unpaid individual monthly permit remains active after the <br />seventh day (7) of each month or the maximum daily parking rate for each <br />unpaid event parking pass that was created and used at a Parking Facility. <br />f. Failure to follow the Routine Maintenance and Minor Repair requirements <br />in any part. Twenty-five dollars ($25) per occurrence. <br />g. Failure to maintain revenue control equipment to ensure accuracy and <br />Consistency of operations or failure to schedule or follow up on the repair of revenue <br />control equipment malfunctions within twenty-four (24) hours of occurrence. One <br />hundred dollars ($100) per occurrence per day. <br />Notification of Failure to Perform <br />Upon determining the existence of a breach under a-g above, the Contract Administrator <br />shall issue a written notice to Operator of the occurrence of such breach and the City's <br />claim for liquidated damages. <br />a. The notice of breach shall become final unless the City receives from Operator <br />not later than ten (10) business days after the date of the notice of breach, a <br />written statement from Operator, accompanied by evidence, that the breach did <br />not occur. If such written statement and evidence is not received by the City <br />26 <br />25D-56