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1 By virtue of the nature of this Agreement, the urgency of timely continuous and <br />2 high-quality service, the lead time required to effect alternative service, and the <br />. 3 rights granted by Agency to Company, the remedy of damages for a breach <br />4 hereof by Company is inadequate and Agency shall be entitled in injunctive <br />5 relief. <br /> <br />6 10.3 Lio_uidated Dama_~es <br />7 A. General. Agency finds, and Company agrees, that as of the time of the <br />8 execution of this Agreement, it is impractical, if not impossible, to reasonably <br />9 ascertain the extent of damages which shall be incurred by Agency as a result <br />10 of a breach by Company of its obligations under this Agreement. <br />11 B. Service Performance Standards; Liquidated Damages for Failure to Meet <br />12 Standards. The parties recognize that some quantitative standards of <br />13 performance are necessary and appropriate to ensure consistent and reliable <br />14 service and performance. Therefore, without prejudice to Agency's right to <br />15 treat such non-performance as an event of default under this Article X, the <br />16 parties agree that the following liquidated damage amounts represent a <br />17 reasonable estimate of the amount of such damages, considering all of the <br />18 circumstances existing on the date of this Agreement, including the <br />19 relationship of the sums to the range of ham-~ to Agency that reasonably could <br />20 be anticipated, and the anticipation that proof of actual damages would be <br />21 costly or inconvenient. <br />22 Company agrees to pay (as liquidated damages and not as a penalty) the <br />23 amounts set forth below: <br />24 Collection Reliabili .ty <br /> <br /> · For each failure over five (5) annually to commence service to <br /> a new customer account within seven (7) days after order: $150.00 <br /> · For each failure over ten (10) annually to Collect Green Waste <br /> from established customer accounts, which has been properly <br /> set out for Collection, on the scheduled Collection day: $150.00 <br /> · For each occurrence over ten (10) annually of leaving <br /> Unacceptable Residue at established customer accounts: $100.00 <br /> · For each failure to Collect Green Waste, which has been <br /> properly set out for Collection, from .the same customer on <br /> two (2)consecutive scheduled pickup days: $250.00 <br /> · For each occurrence of excessive noise or discourteous <br /> behavior: $250.00 <br /> <br /> Page 55 8/2/96 <br /> <br /> <br />