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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 /> (b) Accordingly, the CITY may, in its discretion but after <br /> complying with the notice and hearing procedures set forth in <br /> Section 32, 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. <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 32 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 /> 34. USE BY CITY OF CONTRACTOR'S EOUIPMENT: <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 have the exclusive right to rent <br /> or lease and operate any or all trucks, trailers, tractors and <br /> other items of equipment used by CONTRACTOR in the performance of <br /> the work specified in these specifications. Further, the City <br /> shall have access to the MRF and composting facilities used by the <br /> CONTRACTOR for the processing, recycling and yard waste diversion <br /> of solid waste produced or accumulated within the CITY. The right <br /> of the CITY to enter upon and use facilities and equipment as <br /> specified herein shall extend following the date of cancellation of <br /> this Agreement for a period of ninety (90) consecutive calendar <br /> days. The rental prices to be paid the CONTRACTOR under this <br /> section shall be such to adequately reflect the most current rental <br /> prices prevailing in the County of Orange at the date of <br /> termination. <br /> Any moneys due the CONTRACTOR for rental of the equipment <br /> under the provisions of this section may be withheld by the CITY <br /> 29 <br />