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damages. Prior to assessing liquidated damages, CITY shall give OPERATOR notice of its intention to do so. The written notice will include a brief description of the incident(s)/non- performance. CITY may review (and make copies at its own expense) all information in the possession of the OPERATOR relating to the incident(s)/non-conformance. CITY may, within ten (10) calendar days after issuing the notice, request a meeting with the OPERATOR. CITY may present evidence of non-performance in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. CITY will provide OPERATOR with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decisions of the CITY are at the discretion of the CITY's contract manager for this AGREEMENT and shall be final, and OPERATOR shall not be subject to, or be required to exhaust, any further administrative remedies. The amount of liquidated damages is described in the following Performance Standards table. OPERATOR shall pay any liquidated damages assessed by the CITY within ten (10) calendar days after they are assessed. PERFORMANCE STANDARDS AND LIQUIDATED DAMAGES CATEGORY STANDARD LIQUIDATE!) DAMAGES 1. Performance for A. Achieve 95% "On-time" Liquidated damages for 1A: individual trips performance over the course of a month(passenger is picked up - $500 penalty assessed to between the scheduled pick-up OPERATOR each month on- time and 20 minutes after the time performance is below 90%. scheduled pick-up time). B. No more than 0.5%of the trips Liquidated Damages for 1B: will fall into the very late trip category (passenger is picked - $100 penalty assessed to the up 41-60 minutes after the OPERATOR each month when scheduled pick-up time). "very late trips"account for C. "60+Minute Late Trips" will be more than 0.5% of trips. investigated to determine cause. OPERATOR will notify CITY Liquidated Damages for 1C: within 24 hours of a"60+ Minute Late Trip" incident that - $100 penalty assessed to occurred as a result of traffic, OPERATOR for each incident rider error, or any event that where a passenger was picked up occurs outside the control of the 60 minutes or more after the OPERATOR(passenger is scheduled pick-up time. CITY picked up more than 60 minutes will not assess penalty on"60+ after the scheduled pick-up Late Trips"that are outside of time). the control of the OPERATOR. 2. Failure to pick-up No failures. Liquidated Damages 2 passenger due to