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<br />DRAFT <br /> <br />9.2.3 In addition to recovery of any monies owed by the Grantee to the City, or the <br />Commission or damages to the City, the Commission or any Person as a result of <br />any acts or omissions by the Grantee pursuant to the Franchise, the City andior <br />the Commission in its sole discretion may charge to and collecttTom the Leller of <br />Credit the loJiowing penallies: <br /> <br />9.2.3.1 For failure to timely complete the System Construction or any I-Net <br />construction as provided in this Franchise or any side agreement, unless <br />the City or the Commission approves the delay, the penalty shall be <br />5500.00 per day \<x each day, or palt thereot; such failure occurs or <br />continues. <br /> <br />9.2,3.2 For lililure to provide data. documents, reports or in!i)fmation or to <br />cooperate with City or the Commission during an application process or <br />System review or as otherwise provided herein. the penalty shall be <br />5250,00 per day for each day, or palt thereoI: sllch tililure occurs or <br />continues. <br /> <br />9.2.3,3 Fifteen (15) days following notice li'om the City or the Commission of a <br />failure of Grantee to comply with construction, operation or <br />maintenance standards, the penalty shall be $250.00 per day for each <br />day, or part thereot; such tailure occurs or continues. <br /> <br />9,2.3,4 For failure to providc the services, equipment, facilities and payments <br />required by this Franchise, including, but not limited to, the <br />implementation and the utilization of the PEG capacity, the penally <br />shall be $250.00 per day for each day. or part thereat; such failure <br />occurs or continues. <br /> <br />9.2.3.5 For Grantee's b,-each orany written contract or agreement with or to the <br />City or the Commission, the penalty shall be $250.00 pel' day 1'01' each <br />day, or part thereol~ such breach occurs or continues. <br /> <br />9.2.3.6 For failure (0 comply with any of the provisions of this Franchise, or <br />other City ordinance or regulation t'or which a penalty is not otherwise <br />spedncally provided pursuant to this subsection 9_2.3, the penalty shall <br />be $250.00 per day l'or each day, or part thereot; such failure occurs or <br />continues. <br /> <br />9.2.4 Each violation of any provision of this Franchise shall be considered a separate <br />violation for which a separate penalty can be imposed. <br /> <br />46 <br /> <br />fJ <br />