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Attachment 3 <br />4.UnusedAnnouncementTime.Advertising time not used by the Cityinany <br />month will be forfeited and will not carry into another calendar month. At the end of each <br />calendar month, the Company shall provide reporting to the City delineated the messaging spots <br />utilized by the City. The City may respond to such reporting with questions about why a <br />particular threshold was not reached for a particular month and the Company shall respond to <br />such questions within a reasonable amount of time. <br />5. Breach.If the Company fails to provide the community and public service <br />announcements as required by this Agreement, the City may, at its sole option, require the <br />Company to provide additional advertising time to make up for the deficiencies of any month in <br />which the advertising time did not equal at least 6,000 twelve-second spots. If the City alleges <br />that the Company has breached its obligation under this Agreement to provide the requisite <br />display time to the City, then the City must provide a written notice of alleged breach to the <br />Company and allow the Company a reasonable period in which to cure such alleged breach and <br />offer a makeup period to the City (if applicable). Company’s breach of this Agreement more <br />than twice in a calendar year shall result in an imposition of a $1,000 fine for each month <br />Company has not met the terms of this Pargarph. <br />6. Limitation of Liability. Notwithstanding any provision of thisAgreement to the <br />contrary, except as indicated in paragraph 5 above and to the extent caused by its own willful <br />misconduct, neither Party shall be liable to the other Party for any special, incidental, indirect, <br />punitive or consequential damages, whether foreseeable or not, arising out of, or in connection <br />with such Party’s failure to perform its respective obligations or breach of its respective <br />representations hereunder, including, but not limited to, loss of profits or revenue (whether <br />arising out of transmission interruptions or problems, any interruption or degradation of service <br />or otherwise), cost of capital, or claims of customers, in each case whether occasioned by any <br />3 <br />Qbhf!268!pg!385 <br /> <br />