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2002-10-23 CC Packet
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2002-10-23 CC Packet
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<br />be $250.00 per day for each day, or part thereof, 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 />9.2.5 Whenever the City or the Commission determines that the Grantee has violated <br />one or more terms, conditions or provisions of this Franchise, or for any other <br />violation contemplated in subsection 9.2.3 above, a written notice shall be given <br />to Grantee informing it of such violation. At any time after thirty (30) days (or <br />such longer reasonable time which, in the determination of the City or the <br />Commission, is necessary to cure the alleged violation) following local receipt of <br />notice, provided the City or its designee finds that the Grantee remains in <br />violation of one or more terms, conditions or provisions of this Franchise, in the <br />sole opinion of the City or the Commission, the City or the Commission may <br />draw from the Letter of Credit all penalties and other monies due the City or the <br />Commission from the date of the local receipt of notice. <br /> <br />9.2.6 Prior to drawing on the Letter of Credit, the City or the Commission shall give <br />Grantee written notice that it intends to draw, and the Grantee may, within seven <br />(7) days thereafter, notify the City or the Commission in writing that there is a <br />dispute as to whether a violation or failure has in fact occurred. Such written <br />notice by the Grantee to the City or the Commission shall specify with <br />particularity the matters disputed by Grantee. Any penalties shall continue to <br />accrue, but the City or the Commission may not draw from the Letter of Credit <br />during any appeal pursuant to this subparagraph 9.2.6. The City or the <br />Commission shall hear Grantee's dispute within sixty (60) days and the City or <br />the Commission, as appropriate, shall render a final decision within sixty (60) <br />days thereafter. Withdrawal from the Letter of Credit may occur only upon a <br />final decision. <br /> <br />9.2.7 If said Letter of Credit or any subsequent Letter of Credit delivered pursuant <br />thereto expires prior to thirty (30) months after the expiration of the term of this <br />Franchise, it shall be renewed or replaced during the term of this Franchise to <br />provide that it will not expire earlier than thirty (30) months after the expiration of <br />this Franchise. The renewed or replaced Letter of Credit shall be of the same <br />form and with a bank authorized herein and for the full amount stated in <br />subsection 9.2.1 of this Section. <br /> <br />9.2.8 . If the City or the Commission draws upon the Letter of Credit or any subsequent <br />Letter of Credit delivered pursuant hereto, in whole or in part, the Grantee shall <br />replace or replenish to its full amount the same within ten (10) days and shall <br />deliver to the Commission a like replacement Letter of Credit or certification of <br />replenishment for the full amount stated in Section 9.2.1 as a substitution of the <br /> <br />49 <br />
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