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1 on each incident(s)/non-performance prior to authorizing the assessment of 2 liquidated damages. The decision of the Manager or designee shall be final. 3 C. Amount. The Manager may assess liquidated damages for each calendar day 4 or event, as appropriate, that Company is determined to be liable in 5 accordance with this Agreement. 6 D. Timing of Payment. Company shall pay any liquidated damages assessed by 7 Agency within ten (10) working days after they are assessed. If they are not 8 paid within the ten (10) work day period, Agency may proceed against the 9 performance bond required by the Agreement or order the termination of the 10 Agreement granted by this Agreement, or both. 1! 10.4 Excuse from Performance 12 The parties shall be excused from performing their respective obligations 13 hereunder in the event they are prevented from so performing by reason of 14 floods, earthquakes, other "acts of nature," war, civil insurrection, riots, acts of 15 any government (including judicial action), and other similar catastrophic events 16 that are beyond the control of and not the fault of the party claiming excuse from 17 performance hereunder. Labor unrest, including but not limited to strike, work 18 stoppage or slowdown, sick-out, picketing, or other concerted job action 19 conducted by Company's employees, or directed at Company or its selected 20 facilities, is not an excuse from performance, and Company shall be obligated to 21 continue to provide service notwithstanding the occurrence of any or all of such 22 events. 23 The party claiming excuse from perfom-tance shall, within two (2) days after such 24 party has notice of such cause, give the other party notice of the facts constituting 25 such cause and asserting its claim to excuse under this Section 10.4. 26 The interruption or discontinuance of Company's services caused by one or more 27 of the events excused shall not constitute a default by Company under this 28 Agreement. Notwithstanding the foregoing, however, if Company is excused 29 from perfoaiting its obligations hereunder for any of the causes listed in this 30 Section 10.4 for a period of seven (7) days or more, Agency shall nevertheless 31 have the right, in its sole discretion, to tet-minate this Agreement by giving ten 32 (10) working days notice, in which case the provisions relative to taking 33 possession of Company's land, equipment and other property, and engaging 34 Company's personnel in Article IX of this Agreement will apply. Page 57 8/2/96