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(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 shall 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 />17l276v2 <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 />(f) 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 shall specify with particularity the matters disputed by Grantee. City shall <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 />18 <br />96