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· For each occurrence over five (5) annually of Collecting <br /> Green waste during unauthorized hours: $250.00 <br /> · For each failure to respond to a customer complaint within <br /> one (1) working day: $100.00 <br /> 1 <br /> 2 Timeliness of Submissions to Agency, <br /> <br /> REPORTS Any report shall be considered late until such time as a <br /> correct and complete report is received by Agency. For <br /> each calendar day a report is late, the daily assessment <br /> shall be: <br /> <br /> Monthly Reports: For each infraction $100 per day <br /> Quarterly Reports: For each infraction $250 per day <br /> Annual Reports: For each infraction $500 per day <br /> <br /> INFORMATION For failure to notify the Agency two (2) weeks in advance <br /> of any personnel, management, equipment, policy, or <br /> any other changes that may affect quality or timing of <br /> service to customers or availability of customer service <br /> staff, the assessment per incident will be $500. <br />3 <br />4 Liquidated damages will only be assessed after Company has been given the <br />5 opportunity but failed to rectify the damages, as described in this Agreement, <br />6 e.g., sixteen (16) working hours to respond to a complaint. Agency may <br />7 detera-tine the occurrence of events giving rise to liquidated damages through <br />8 the observation of its own employees or representative, or by investigation of <br />9 customer complaints. No liquidated damages shall be assessed during the <br />10 first ninety (90) days of this Agreement. <br />11 Prior to assessing liquidated damages, Agency shall give Company notice of <br />12 its intention to do so. The notice will include a brief description of the <br />13 incident(s)/non-perfo~-mance. Company may review (and make copies at its <br />14 own expense) all information in the possession of Agency relating to <br />15 incident(s)/non-perfom-mnce. Company may, within ten (10) working days <br />16 after receiving the notice, request a meeting with Agency. If a meeting is <br />17 requested, it shall be held by the Manager or his/her designee. Company <br />18 may present evidence in writing and through testimony of its employees and <br />19 others relevant to the incident(s)/non-performance. The Manager or designee <br />20 will provide Company with a written explanation of his or her determination <br /> <br /> Page56 8/2/96 <br /> <br /> <br />