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by County by such breach, it is agreed that in case of breach of service, County may elect to assess <br />liquidated damages for each such breach and the Company shall pay County as liquidated danages and <br />not as penalty, the amount set forth below, such sums being the amount which County will be damaged <br />by the breach of such services. An election to seek such remedy shall not be construed as a waiver of <br />any remedies County may have as to any subsequent breach of services under this Agreement. This <br />Section is independent of Section VII, XIV, and XXV. The acts or omissions in the left-hand column <br />are a breach of this Contract; the amounts in the right-hand column are set as Liquidated Damages. <br />Violation of Sections XI or XIV.......................................................................... $ 50.00 <br />Subsequent misfeasance or malfeasance after resolution of initial incident $200.00 <br />Landfilling or burning uncontaminated Recyclable Material or Yard Debris without the express <br />written consent of the County................................................................................... $ 50.00 <br />Liquidated Damages will be reasonably applied and may be levied only if documented in an <br />incident report presented by the County to the Company. The Company shall be notified and provided <br />a copy of an incident report and shall be given 24 hours to cure the problem (if applicable) before <br />Liquidated Damages are invoiced to the Company, except in the case of incidents for which, due to <br />the nature of the event, a "cure" is not possible. Such liquidated damages as County shall elect to <br />collect shall be billed to Company and be paid within thirty (30) days. Application of these damages <br />may be appealed within ten (10) days by Company to the County, whose decision shall be final. <br />Liquidated damages will riot be assessed for any performance failures beyond Company's <br />reasonable control. <br />39. NOTICE. For all purposes under this Agreement, except service of process, all notices, reports, <br />and correspondence to the respective parties of this Agreement shall be sent to the following: <br />County: Kittitas County Board of County Commissioners <br />Kittitas County Courthouse <br />205 W 51h Ave, Ste. 108 <br />Ellensburg, WA 98926 <br />Kittitas County Solid Waste Department <br />Atten: Patti Johnson <br />ADDRESS: 925 Industrial Way <br />Ellensburg, WA 98926 <br />Company: Area Director of Public Sector Solutions <br />Waste Management of Washington, Inc. <br />7204h Avenue, Suite 400 <br />Kirkland, WA 98033 <br />►ez <br />