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constitute liquidated damages, not penalties, for the Processor' s breach <br /> of this Agreement . <br /> ( b ) SWDD shall not assess and the Processor shall not be required to pay <br /> liquidated damages in those cases where the delay or failure in the <br /> Processor' s performance was ( i ) excused in advance by the SWDD <br /> Director or ( ii ) due to unforeseeable causes that were beyond the <br /> Processor' s reasonable control and without any fault or negligence of the <br /> Processor . <br /> Section 8 . 2 . Procedure for Assessing Liquidated Damages <br /> ( a ) Prior to assessing liquidated damages, the SWDD Director shall provide <br /> written notice to the Processor, indicating SWDD' s intent to assess <br /> liquidated damages and the basis for SWDD ' s position . <br /> ( b ) If a protest is filed within five ( 5 ) business days of delivery of written <br /> notice to Processor, the matter shall be referred to the County <br /> Administrator for resolution . The County Administrator shall review the <br /> issues in a timely manner and then provide a written decision to the <br /> Processor . The County Administrator' s decision shall be the final <br /> administrative decision , but may be appealed in any proper court . <br /> ( c ) If a protest is not timely filed by the Processor, or if the County <br /> Administrator concludes that liquidated damages should be assessed and <br /> such decision is not appealed or is upheld on appeal , the amount of <br /> liquidated damages shall be added to the Processor' s next payment to <br /> SWDD . <br /> ( d ) The procedures in this Article VIII shall be used in lieu of the procedures <br /> in Section 9 . 6 when resolving disputes concerning liquidated damages; <br /> however, the procedures in Section 9 . 6 will be used , upon the Processor' s <br /> request, if the dispute involves an assessment of liquidated damages that <br /> exceeds twenty thousand dollars ( $ 20, 000 ) in one calendar month . <br /> Section 8 . 3 . Liquidated Damages During Term of Agreement <br /> During the Term , the SWDD Director may assess liquidated damages as follows : <br /> Performance Standard Violation Liquidated <br /> Damages <br /> Failing to provide a sufficient number of <br /> transfer vehicles at the County MRF so that no <br /> more than thirty ( 30 ) tons of Recyclable $ 100 per day <br /> Materials are stockpiled at any given time . <br /> ( Section 4 . 3 . ( a ) ) <br /> - 14 - <br />