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12.2.2 In the event Contractor wishes to contest such monthly assessment, Contractor must do so within ten (10) Days of issuance of each assessment notification by requesting, in writing, a meeting with the SWDD Managing Director to resolve the issue. Following such a meeting, the SWDD Managing Director shall notify Contractor in writing of any action taken with respect to Contractor's claims. Contractor may further appeal, in writing, the decision of the SWDD Managing Director to the County Administrator, who shall conduct a review of all the facts and circumstances and make a determination in writing; if Contractor objects to the County Administrator's determination, Contractor may appeal such determination in writing to the County Commission. Any Administrative Charges in excess of the monthly payment due Contractor shall be carried over and applied to the upcoming month's payment. The County Commission's decision shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not supported by competent evidence. 12.2.3 SWDD may assess the following administrative charges pursuant to this Article: a) Complaints/Disputes. If the Contractor fails to adequately address customer complaints/disputes in a timely manner, Administrative Charges in the amount of $500 per day shall be assessed until such time as SWDD determines the issues have been resolved. b) Litter Control. If Contractor fails to adequately control litter as required by this Contract, SWDD shall provide notice to the Contractor. If the Contractor fails to remedy the issue within twenty-four (24) hours of notice from SWDD, Administrative Charges in the amount of $500 per day shall be assessed until such time as SWDD determines the issues have been resolved. c) Personnel Requirements. If Contractor fails to keep the required levels of personnel to perform all operations covered by this Contract, SWDD shall provide notice to the Contractor. If the Contractor fails to remedy the issues within twenty-four (24) hours of notice, Administrative Charges of $500 per day per position will be assessed until SWDD determines the issues have been resolved. d) Containers and Equipment. If Contractor fails to provide and maintain containers and equipment in proper working order, SWDD shall provide notice to the Contractor. If the Contractor fails to remedy the issues within twenty-four (24) hours of notice from SWDD, Administrative Charges of $1,000 per day shall be assessed until SWDD determines the issues have been resolved. e) Road Maintenance. If the Contractor fails to maintain CCC roads as required by this Contract, SWDD shall provide notice to the Contractor. If the Contractor fails to remedy the issues within seventy-two (72) hours of notice from SWDD, Administrative Charges 18 ACTIVE:38438749.1