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<br />b. The Letter of Credit shall provide that funds will be paid to City. upon <br />written demand of City, and in an amount solely determined by City in <br />payment for penalties charged pursuant to this Section. in payment for any <br />monies owed by Grantee to City or any person pursuant to its obligations <br />under this Franchise, or in payment for any damage incurred by City or <br />any person as a result of any acts or omissions by Grantee pursuant to this <br />Franchise. <br /> <br />c. In addition to recovery of any monies owed by Grantee to City or any <br />person or damages to City or any person as a result of any acts or <br />omissions by Grantee pursuant to the Franchise, City in its sole discretion <br />may charge to and collect from the Letter of Credit the following penalties: <br /> <br />1. For failure to timely complete System upgrades as provided in this <br />Franchise unless City approves the delay, the penalty shall be <br />$500.00 per day for each day, or part thereof. such failure occurs <br />or continues. <br /> <br />11. For failure to provide data, documents, reports or information or to <br />cooperate with City during an application process or system review <br />or as otherwise provided herein, the penalty shall be $250.00 per <br />day for each day, or part thereof. such failure occurs or continues. <br /> <br />111. Fifteen (15) days following notice from City of a failure of Grantee <br />to comply with construction, operation or maintenance standards, <br />the penalty shall be $500.00 per day for each day, or part thereof. <br />such failure occurs or continues. <br /> <br />IV. For failure to provide the services Grantee has proposed, including, <br />but not limited to, the implementation and the utilization of the <br />access channels and the maintenance and/or replacement of the <br />equipment and other facilities, the penalty shall be $500.00 per day <br />for each day, or part thereof, such failure occurs or continues. <br /> <br />v. For Grantee's breach of any written contract or agreement with or <br />to the City or its designee, the penalty shall be $500.00 per day for <br />each day, or part thereof, such breach occurs or continues. <br /> <br />VI. For failure to comply with any of the provisions of this Franchise, <br />or other City ordinance for which a penalty is not otherwise <br />specifically provided pursuant to this paragraph c, the penalty shall <br />be $250.00 per day for each day, or part thereof, such failure <br />occurs or continues. <br /> <br />)'" <br />_.J <br />