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1 <br /> 1 J l <br /> (i) For failure to timely complete system upgrades as provided in this <br /> Franchise unless the CiTy has approved delays, and for failure to comply with <br /> construction, operation or maintenance standards and requirements, the penalty <br /> shall be Five Hundred and No/100 Dollars ($500)per day for each day, or part <br /> thereof, such failure occurs or continues. <br /> (ii) For failure to meet the customer service standards and <br /> requirements as set forth in this Franchise and the exhibits hereto the penalty shall <br /> be Three Hundred and No/100 Dollars ($300)per day for each day, or part <br /> thereof, such failure occurs or continues. <br /> (iii) For failure to comply with any of the provisions of this Franchise, <br /> or other City ordinance related to Franchise operations for which a penalty is not <br /> otherwise specifically provided pursuant to this subparagraph(c),the penalty <br /> shall be One Hundred Fifty and No/100 Dollars ($150)per day for each day, or <br /> part thereof, such failure occurs or continues. <br /> (d) Each violation of any provision of this Franchise sha11 be considered a <br /> separate violation for which a separate penalty can be imposed. <br /> (e) Whenever City finds that Grantee has violated one (1) or more terms, <br /> conditions or provisions of this Franchise, a written notice shall be given to Grantee, <br /> specifying with particularity the alleged violation. At any time after thirty (30) days (or <br /> such additional reasonable time which is necessary to cure the alleged violation) <br /> following local receipt of notice,provided Grantee remains in violation of one (1) or <br /> more material terms, conditions or provisions of this Franchise, City may draw from the <br /> Security Fund all penalties and other monies due City from the date of the local receipt of <br /> notice. <br /> (fl Whenever notice of an alleged violation has been received by Grantee, <br /> Grantee may, within thirty (30) days of local receipt of notice, notify City that there is a <br /> dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee <br /> to City shall toll the running of the time frames for cure and the accrual of any penalties <br /> herein and sha11 specify with particularity the matters disputed by Grantee. City sha11 <br /> hear Grantee's dispute at its next regularly scheduled Council meeting or as soon <br /> thereafter as possible pursuant to this Section 8(1). In no event shall City delay hearing <br /> Grantee's dispute for more than ninety (90)days from receipt of Grantee's notice. <br /> Grantee shall be afforded a reasonable notice of the meeting and afforded a reasonable <br /> opportunity to participate in and be heard at the meeting. City shall supplement its <br /> decision with a written order sustaining or overruling the decision, and shall specify with <br /> particularity the factual and legal basis for its decision. <br /> (g) Upon determination by City that no violation has taken place, City shall <br /> withdraw the notice alleging a violation. Upon determination that a violation has <br /> occurred, Grantee shall have 30 days to cure said violation before penalties shall accrue. <br /> 1��2�6�2 18 <br />