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• • <br /> 3758 D. Liquidated Damages. Contractor shall pay Agency the amounts, if any, due for <br /> 3759 Liquidated Damages under Section 14.07 and Attachment J with submittal of its <br /> 3760 annual report to Agency pursuant to Section 9.07. <br /> 3761 E. Performance Incentives and Disincentives. Contractor shall submit an annual <br /> 3762 report on the Performance Incentives and Disincentives detailed in Attachment I <br /> 3763 with submittal of its quarterly and annual reports to Agency and SBWMA pursuant <br /> 3764 to Section 9.06 and Section 9.07. Contractor shall pay Agency or Agency shall pay <br /> 3765 Contractor the net amount, if any, due for Performance Incentives and Disincentives <br /> 3766 calculated pursuant to section 11.07, Attachment I, and Attachment N. <br /> 3767 Payment related to Performance Incentives and Disincentives are to be included in <br /> 3768 Contractor's Application, with the exception of Disincentive assessments calculated <br /> 3769 quarterly pertaining to Contamination which are paid directly to the SBWMA, and <br /> 3770 Contractor's Compensation for the next Rate Year will be increased or decreased <br /> 3771 by the net amount of Performance Incentive payments and Disincentive <br /> 3772 assessments calculated. <br /> 3773 11.08 NOTICE OF RATE ADJUSTMENTS <br /> 3774 If requested by Agency, Contractor shall provide Agency with a complete and current list <br /> 3775 of its Customer addresses within ten (10) Days of the request. In addition, if requested <br /> 3776 by Agency, Contractor shall arrange for notices (prepared by Agency) to be mailed. <br /> 3777 11.09 POTENTIAL RATE CONSTRAINTS <br /> 3778 The parties recognize that, as of the date this Agreement is entered into, there is no <br /> 3779 authoritative judicial determination of whether Articles 13.0 and D of the California <br /> 3780 Constitution apply to charges imposed by private enterprises for Solid Waste handling <br /> 3781 and Recycling services when those charges are regulated by a local government. <br /> 3782 <br /> 3783 Until such authoritative judicial guidance is available, the Agency intends to provide <br /> 3784 notice of proposed Rate increases, and an opportunity for public hearing and protest as <br /> 3785 required by Article 13.D. <br /> 3786 <br /> 3787 The Agency will not be in default of this Agreement if (i) a majority protest prevents a <br /> 3788 proposed Rate increase from being adopted, (ii) a court rules that Rates adopted by the <br /> 3789 Agency are not consistent with Article 13.D, or (iii) an initiative reduces Rates from those <br /> 3790 in effect. After any such event, the Parties shall promptly meet and confer in good faith <br /> 3791 to consider modifications to service levels commensurate with the Rates that Contractor <br /> 3792 may legally charge. <br /> 3793 <br /> Franchise Agreement for Collection Services with Recology San Mateo County <br /> City of Redwood City <br /> ATTY /AGR/2010.014 <br /> 040510 Page 94 of 115 <br />