Deficient or Late Reports to the City Sample Clauses

Deficient or Late Reports to the City. (i) The City and the Operator will jointly develop and/or confirm a Report Delivery Schedule for all Reports to the City as set out in Schedule 8. (ii) Where the City determines that a Report is deficient, the City has a maximum of thirty (30) days after receipt by the City of the Report, to provide the Operator with written feedback and request modifications. Beyond this thirty (30) day period, a Report is considered accepted and final. If feedback is provided or modifications are requested, the Operator has an additional thirty (30) days to resubmit the Report. (iii) The City, at its discretion, may withhold from the Commercial Operations Fee the amount of $5,000.00 for each Report submitted that is late or deficient in the City’s opinion. The Operator waives its right to payment of the $5,000.00, if any such Report is still not in a form acceptable to the City within ninety (90) days of its original due date. (iv) After the second submittal of the same report the City may at its option complete, correct or update an Operator’s deficient Report and deduct the reasonable cost of performing this work from the Commercial Operations Fee. (v) The Operator shall be excused from the time periods set forth in this Article, and shall not be in breach of this Agreement or subject to a holdback, liquidated or other damages, if it fails to file a complete Report to the City due to late receipt of sampling, testing or analytical results from a third party, on the condition that the Operator used its reasonable commercial effort, to obtain such results in a timely fashion. Notwithstanding that any such Report may be deficient, the Operator shall submit the Report to the City, by the original due date, accompanied by a description identifying those portions of the Report which are deficient and the reasons for the deficiency in the Report. (vi) Failure to submit any Report required by this Agreement for a period of six (6) months, or a repeated failure to submit Reports when due, may, at the City’s discretion, be considered an Event of Default.