Operations Violations. Operator’s failure to adhere to the operating requirements set forth in this Agreement is reasonably anticipated to result in significant inconvenience to the public, adversely affect the overall commercial business of the Airport, and reduce the amount of rent to be paid to the City. Additionally, City resources will be expended in dealing with violations of this Agreement by Operator. The parties hereby agree that total damages sustained by the City for violations of the provisions of this Agreement addressing this subject matter could be significant, but would be difficult to determine and to track. Therefore, the parties hereto agree that the liquidated damages amounts, set forth below for violation of Agreement terms addressing the referenced subject matter are reasonable estimates of the loss anticipated to be suffered or incurred by the City. Operator, therefore, xxxxxx agrees that imposition of the liquidated damages set forth below is fair and reasonable and Operator agrees to pay immediately upon demand by the City the following amounts as liquidated damages upon the occurrence of breaches, in any Contract Year, related to the following operation violations: • $100 per occurrence - first occurrence • $200 per occurrence - second occurrence • $300 per occurrence - third occurrence • $1,000 per occurrence thereafter Liquidated damage amounts shall not be imposed unless the violation continues for more than three (3) calendar days after City has given Operator written notice (and this written notice may be in the form of an email) of the violation; provided, however, after City has given Operator notice of the same violation more than twice during any Contract Year, the liquidated damage amount may be immediately imposed with no opportunity to cure in order to avoid the sanction. If the violation relates to vehicles or vehicle parking, an occurrence will be based on each vehicle. For hours of operations violations, liquidated damages are as follows: • $100 per hour or portion thereof during which location is not open - first occurrence • $200 per hour or portion thereof during which location is not open - first occurrence • $300 per hour or portion thereof during which location is not open - first occurrence • $1,000 per occurrence thereafter For violations regarding the minimum hours of operation, the liquidated damages may be incurred immediately and without notice upon violation. The application of the liquidated damages will be at the discretion...
