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1 result of a breach by Contractor of its obligations under this Agreement. The factors 2 relating to the impracticability of ascertaining damages include, but are not limited to, 3 the fact that: (i) substantial damage results to members of the public who are denied 4 services or denied quality or reliable service; (ii) such breaches cause inconvenience, 5 anxiety, frustration, and deprivation of the benefits of the Agreement to individual 6 members of the general public for whose benefit this Agreement exists, in subjective 7 ways and in varying degrees of intensity which are incapable of measurement in precise 8 monetary terms; (iii) that Franchised services might be available at substantially lower 9 costs than alternative services and the monetary loss resulting from denial of services or 10 denial of quality or reliable services is impossible to calculate in precise monetary terms; 11 and (iv) the termination of this Agreement for such breaches, and other remedies are, at 12 best, a means of future correction and not remedies which make the public whole for 13 past breaches. 14 15 B. Service Performance Standards; Liquidated Damages for Failure 16 to Meet Standards. The parties further acknowledge that consistent, reliable Solid 17 Waste, Recyclable Materials, and Plant Materials Collection service is of utmost 18 importance to Agency and that Agency has considered and relied on Contractor1s 19 representations as to its quality of service commitment in awarding the Agreement to it. 20 The parties further recognize that some quantified standards of performance are 21 necessary and appropriate to ensure consistent and reliable service and performance. 22 The parties further recognize that if Contractor fails to achieve the performance 23 standards, or fails to submit required documents in a timely manner, Agency and its 24 residents will suffer damages and that it is and will be impractical and extremely 25 difficult to ascertain and determine the exact amount of damages which Agency will 26 suffer. Therefore, without prejudice to Agency's right to treat such non-performance as 27 an event of default under this Article 11, the parties agree that the following liquidated 28 damage amounts represent a reasonable estimate of the amount of such damages 29 considering all of the circumstances existing on the date of this Agreement, including 30 the relationship of the sums to the range of harm to Agency that reasonably could be 31 anticipated and the anticipation that proof of actual damages would be costly or 32 impractical. In placing their initials at the places provided, each party specifically 33 confirms the accuracy of the statements made above and the fact that each party has 34 had ample opportunity to consult with legal counsel and obtain an explanation of the 35 liquidated damage proviso he time that the Agreement was made. 36 Contract Agency L 37 Initial Here Clt <{ /0"- Initial Here ' 38 39 Contractor s to pay (as liquidated damages and not as a penalty) the 40 amounts set forth below: 41 42 1) Collection Reliability. 43 Attyj Agrj2005.022 060205 -59-