Common use of Procedure for Review of Liquidated Damages Clause in Contracts

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. The Town City 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 AGREEMENTAgreement, the Town City Representative shall issue a written notice to FRANCHISEE LICENSEE (“Notice of Assessment”) of the liquidated damages Liquidated Damages assessed and the basis for each assessment. 11.4.1. 11.04.1 The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, FRANCHISEE LICENSEE provides a written request for a meeting with the Town City Manager and Town Representative to present evidence that the assessment should not be made. 11.4.2. 11.04.2 The Town City Representative shall schedule a meeting between FRANCHISEE LICENSEE and the Town City Manager or the Manager’s designee as soon as reasonably possible after timely receipt of FRANCHISEELICENSEE’S request for the samerequest. 11.4.3. 11.04.3 The Town City Manager or the Manager’s designee shall review FRANCHISEELICENSEE’S evidence and render a decision sustaining sustaining, reversing, or reversing modifying the liquidated damages Liquidated Damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to FRANCHISEELICENSEE. 11.4.4. 11.04.4 In the event FRANCHISEE LICENSEE does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the Town City Representative’s determination shall be final and FRANCHISEE LICENSEE shall submit payment to TOWN CITY no later than that tenth (10th) day. 11.4.5. If Or if monies are owed to FRANCHISEELICENSEE and not paid within 10 days of a second notice, TOWN with notification to FRANCHISEE, will deduct CITY may terminate the liquidated damages from amounts otherwise due to FRANCHISEELicense without any additional notice. 11.4.6. TOWN11.04.5 CITY’S assessment or collection of liquidated damages Liquidated Damages shall not prevent TOWN CITY from exercising any other right or remedy, including the right to terminate this AGREEMENTAgreement, for FRANCHISEELICENSEE’S failure to perform the work and services in the manner set forth in this AGREEMENTAgreement.

Procedure for Review of Liquidated Damages. The Town If the City elects not to terminate this Agreement for breach, the City Representative may assess Liquidated Damages liquidated damages pursuant to this Article 11 Section on a monthly basis. At the end of each month during the term of this AGREEMENTAgreement, the Town City Representative shall issue a written notice to FRANCHISEE Contractor (“Notice of Assessment”) of the liquidated damages assessed and the basis for each assessment. 11.4.1. 30.5.1 The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, FRANCHISEE Contractor provides a written request for a meeting with the Town City Manager and Town Representative to present evidence that the assessment should not be made. 11.4.2. 30.5.2 The Town City Representative shall schedule a meeting between FRANCHISEE Contractor and the Town City Manager or the Manager’s designee as soon as reasonably possible after timely receipt of FRANCHISEE’S request for the sameContractor’s request. 11.4.3. 30.5.3 The Town City Manager or the Manager’s designee shall review FRANCHISEE’S 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 FRANCHISEE.Contractor. Attachment: Jan 14 2016 Final San Bernardino Franchise Agreement For City Council (4261 : Agreement with Burrtec for Waste Collection City of San Bernardino Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services With Burrtec Waste Industries, Inc. 11.4.4. 30.5.4 In the event FRANCHISEE Contractor does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the Town City Representative’s determination shall be final and FRANCHISEE Contractor shall submit payment to TOWN City 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 30.5.5 City’s assessment or collection of liquidated damages shall not prevent TOWN City from exercising any other right or remedy, including the right to terminate this AGREEMENTAgreement, for FRANCHISEE’S Contractor’s failure to perform the work and services in the manner set forth in this AGREEMENTAgreement.