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1998_0810_packet
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1998_0810_packet
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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 or more terms, <br /> conditions or provisions of this Franchise, or for any other violation <br /> con <br /> contemplated in Subparagraph c. above, a written notice shall be given to <br /> Grantee informing it of such violation. At any time after thirty 30) days <br /> (or such longer reasonable time which in the sole determination of City, <br /> is necessary to cure the alleged violation) following local receipt of notice, <br /> r � . <br /> provided Grantee remains in violation of one or more terms, conditions or <br /> provisions of this Franchise., in the sole opinion of City, City may draw <br /> from the Letter of Credit all penalties and other monies due City from the <br /> date of the local receipt of notice. <br /> lyyr whenever the Letter of Credit is drawn upon, Grantee may, within seven <br /> i r <br /> (7) y <br /> days of such draw, notify City in writing that there is a dispute as to <br /> whether a violation or failure has in fact occurred. Such written notice by <br /> Grantee to City shall specify with particularity the matters disputed by <br /> Grantee. All penalties shall continue to accrue and City may continue to <br /> draw <br /> from the Fetter of Credit during any appeal pursuant to this <br /> subparagraph f. <br /> i. y it shall hear Grantee's dispute within sixty (60) days and render <br /> a final decision within sixty (60) days thereafter. <br /> H.,. �r on the determination of City that no violation has taken place, <br /> , <br /> City shall refund to Grantee, without interest all monies drawn <br /> from the Letter of Credit by reason of the alleged violation. <br /> g. If said <br /> Letter of Credit or any subsequent Letter of Credit delivered <br /> thereto expires prior to thirty (30) months after the expiration of <br /> pursuant p p <br /> the term of this Franchise, it shall be renewed or replaced during the term <br /> of this F to provide rovide that it will not expire earlier than thirty (30) <br /> months aft p <br /> after the expiration of this Franchise, The renewed or replaced <br /> Fetter of <br /> Credit shall be of the same form and with a bank authorized <br /> herein <br /> and for the full amount stated in Paragraph A of this Section. <br /> draws upon the Letter' of Credit or any subsequent fetter of Credit <br /> " �f�i dr'a p <br /> delivere d p i pursuant hereto, in whole or n part, Grantee shall replace or <br /> replenish to <br /> its full amount the same within ten (10) days and shall deliver <br /> City a life replacement I�tter of Credit or certification of replenishment <br /> to rte F <br /> for <br /> the furl amount staged in Section 9.2 (a) as a substitution of the previous <br /> Letter of Credit. This shall be a continuing obligation for any draws upon <br /> the Letter of Credit. <br /> 4 <br />
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