Procedure for Review of Liquidated Damages. The Town Representative may assess Liquidated Damages pursuant to this Article 11 on a monthly basis. At the end of each month during the term of this AGREEMENT, the Town Representative shall issue a written notice to FRANCHISEE (“Notice of Assessment”) of the liquidated damages assessed and the basis for each assessment.
11.4.1. The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, FRANCHISEE provides a written request for a meeting with the Town Manager and Town Representative to present evidence that the assessment should not be made.
11.4.2. The Town Representative shall schedule a meeting between FRANCHISEE and the Town Manager or the Manager’s designee as soon as reasonably possible after timely receipt of FRANCHISEE’S request for the same.
11.4.3. The Town Manager or the Manager’s designee shall review FRANCHISEE’S evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to FRANCHISEE.
11.4.4. In the event FRANCHISEE does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the Town Representative’s determination shall be final and FRANCHISEE shall submit payment to TOWN no later than that tenth (10th) day.
11.4.5. If monies are owed to FRANCHISEE, TOWN with notification to FRANCHISEE, will deduct the liquidated damages from amounts otherwise due to FRANCHISEE.
11.4.6. TOWN’S assessment or collection of liquidated damages shall not prevent TOWN from exercising any other right or remedy, including the right to terminate this AGREEMENT, for FRANCHISEE’S failure to perform the work and services in the manner set forth in this AGREEMENT.
Procedure for Review of Liquidated Damages. TOWN Representative 2317 may assess liquidated damages pursuant to this Article on a monthly basis. At the end of each 2318 month during the term of this Agreement, the Town Representative shall issue a written notice 2319 to CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed and the basis 2320 for each assessment. 2321 19.04.1 The assessment shall become final unless, within ten (10) calendar 2322 days of the date of the notice of assessment, CONTRACTOR provides a written request for a 2323 meeting with the TOWN Manager and TOWN Representative to present evidence that the 2324 assessment should not be made. 2325 19.04.2 The TOWN Representative shall schedule a meeting between 2326 CONTRACTOR and the TOWN Manager or the TOWN Manager’s designee as soon as 2327 reasonably possible after receipt of CONTRACTOR’S request for same. 2328 19.04.3 The TOWN Manager or the TOWN Manager’s designee shall review 2329 CONTRACTOR’S evidence and render a decision sustaining or reversing the liquidated 2330 damages as soon as reasonably possible after the meeting. Written notice of the decision shall 2331 be provided to CONTRACTOR. 2332 19.04.4 In the event CONTRACTOR does not submit a written request for a 2333 meeting within ten (10) calendar days of the date of the Notice of Assessment, the TOWN 2334 Representative’s determination shall be final and CONTRACTOR shall submit payment to 2335 TOWN no later than that tenth (10th) day. 2336 19.04.4.1 If monies are owed to CONTRACTOR, TOWN with 2337 notification to CONTRACTOR, TOWN will deduct the liquidated damages from amounts 2338 otherwise due to CONTRACTOR. 2339 19.04.5 TOWN’S assessment or collection of liquidated damages shall not 2340 prevent TOWN from exercising any other right or remedy, including the right to terminate this 2341 Agreement, for CONTRACTOR’S failure to perform the work and services in the manner set 2342 forth in this Agreement. 2343 ARTICLE 20. Performance Review 2344 20.01 Selection and Cost. TOWN may conduct two (2) performance reviews 2345 (“reviews”) of CONTRACTOR’S performance, at any time during the term of this Agreement. 2346 For each performance review, CONTRACTOR will be responsible for a maximum cost of Sixty 2347 Thousand Dollars ($60,000.00) for each Performance Review and escalated annually by the 2348 percentage of annual rate increase. CONTRACTOR will reimburse TOWN thirty (30) days from 2349 TOWN submitting invoice or request to CONTRACTOR for reimbursement 2350 20...
Procedure for Review of Liquidated Damages. If the City elects not to terminate this Agreement for breach, the City Representative may assess liquidated damages pursuant to this Section on a monthly basis. At the end of each month during the term of this Agreement, the City Representative shall issue a written notice to Contractor (“Notice of Assessment”) of the liquidated damages assessed and the basis for each assessment.
30.5.1 The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made.
30.5.2 The City Representative shall schedule a meeting between Contractor and the City Manager or the Manager’s designee as soon as reasonably possible after timely receipt of Contractor’s request.
30.5.3 The City Manager or the Manager’s designee shall review Contractor’s evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Contractor.
30.5.4 In the event Contractor does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the City Representative’s determination shall be final and Contractor shall submit payment to City no later than that tenth (10th) day
30.5.5 City’s assessment or collection of liquidated damages shall not prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure to perform the work and services in the manner set forth in this Agreement.
Procedure for Review of Liquidated Damages. The City Representative may 834 assess Liquidated Damages pursuant to this Article 11 on a monthly basis. At the end of each 835 month during the term of this AGREEMENT, the City Representative shall issue a written notice 836 to FRANCHISEE (“Notice of Assessment”) of the liquidated damages assessed and the basis for 837 each assessment.
Procedure for Review of Liquidated Damages. 2 If liquidated damages are applicable, the City Representative shall issue a written 3 notice to CONTRACTOR (“Notice of Nonperformance”) that lists the liquidated damages 4 associated with the nonperformance, and the nature of the nonperformance.
5 16.3.1 The liquidated damages shall become final unless, within ten (10) 6 calendar days of the date of the Notice of Nonperformance, CONTRACTOR 7 provides a written request for a meeting with the Director of Environmental 8 Services (“Director”) to present evidence that the liquidated damages should not 9 be applied.
10 16.3.2 The City Representative shall schedule a meeting between 11 CONTRACTOR and the Director or the Director’s designee as soon as 12 reasonably possible after timely receipt of XXXXXXXXXX’s request.
13 16.3.3 The Director or the Director’s designee shall review 14 CONTRACTOR’s evidence and render a decision sustaining or reversing the 1 liquidated damages as soon as reasonably possible after the meeting. Written
Procedure for Review of Liquidated Damages. City may assess liquidated damages pursuant to this Section 9.4 on a quarterly basis. At the end of each month during the term of this Agreement, City shall issue a written notice to Company of the liquidated damages assessed and the basis for each assessment. The assessment shall become final unless, within ten (10) days of the day Company receives such notice, Company provides a written request for a meeting with the City to present evidence that the assessment should not be made. The Parties shall meet with ten (10) days of City’s receipt of Company’s notice. City shall consider Company’s evidence in good-faith and render a written decision sustaining or reversing any disputed liquidated damages within five (5) days of the meeting. If the total assessed charges for any one (1) quarterly assessment are equal to or less than One Thousand Five Hundred Dollars and No/100 Cents ($1,500.00), then the decision of the City shall be final and non-appealable. If the total assessed damages are greater than One Thousand Five Hundred Dollars and No/100 Cents ($1,500.00), then, within five (5) days of receiving the City’s written decision, the Company may seek alternate dispute resolution pursuant to Section 9.6.
Procedure for Review of Liquidated Damages. If liquidated damages are applicable, the City Representative shall issue a written notice to CONTRACTOR (“Notice of Nonperformance”) that lists the liquidated damages associated with the nonperformance, and the nature of the nonperformance.
18.3.1 The liquidated damages shall become final unless, within ten (10) calendar days of the date of the Notice of Nonperformance, CONTRACTOR provides a written request for a meeting with the Director to present evidence that the liquidated damages should not be applied.
18.3.2 The City Representative shall schedule a meeting between CONTRACTOR and the Director or the Director’s designee as soon as reasonably possible after timely receipt of CONTRACTOR’s request.
18.3.3 The Director or the Director’s designee shall review CONTRACTOR’s evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to CONTRACTOR.
18.3.4 In the event CONTRACTOR does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Nonperformance, the City Representative’s determination shall be final and CITY may deduct the liquidated damages from amounts otherwise due to CONTRACTOR.
18.3.5 CITY’s collection of liquidated damages shall not prevent CITY from exercising any other right or remedy, including the right to terminate this Agreement, for CONTRACTOR’s failure to perform the work and services in the manner set forth in this Agreement.
Procedure for Review of Liquidated Damages. The City Manager may assess liquidated damages under this Article 12 on a monthly or less frequent basis. At the end of each period, the City Manager shall issue a written notice to Contractor (“notice of assessment”) of the liquidated damages assessed and the basis for each assessment. The assessment shall become final unless, within ten calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made. The City Manager shall schedule a meeting between Contractor and the City Manager as soon as reasonably possible after timely receipt of Contractor’s request. The City Manager shall review Contractor’s evidence and render a decision sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Contractor. An appeal of the City Manager’s decision to the City Council may be taken pursuant to appeal procedures set forth in PHMC Chapter 1.10. If Contractor does not submit a written request for a meeting within ten calendar days of the date of the notice of assessment, the City Manager’s determination shall be final and Contractor shall make payment within five calendar days. City’s assessment or collection of liquidated damages does not prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure to perform the work and services in the manner set forth in this Agreement.
Procedure for Review of Liquidated Damages. The City Representative may 771 assess liquidated damages pursuant to this Article 11 on a monthly basis. At the end of each 772 month during the term of this Agreement, the City Representative shall issue a written notice to 773 CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed and the basis for 774 each assessment.
775 11.4.1. The assessment shall become final unless, within ten (10) calendar days 776 of the date of the notice of assessment, CONTRACTOR provides a written request to present 777 evidence that the assessment should not be made.
778 11.4.2. The City Representative shall schedule a meeting between 779 CONTRACTOR and the City Public Works Director as soon as reasonably possible after timely 780 receipt of CONTRACTOR’S request.
