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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 />H. 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 />iii. 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 />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 />v. For Grantee's breach of any contract, or written representation, <br />agreement, or promise with or to the City or its designee the <br />penalty shall be $500.00 per day for each day, or part thereof, such <br />breach occurs or continues. <br />vi. For failure to comply with any of the provision of this Franchise, <br />[the Right -of -Way Ordinance,] or other City ordinance for which a <br />penalty is not otherwise specifically provided pursuant to this <br />paragraph c, the penalty shall be $250.00 per day for each day, or <br />part thereof, such failure occurs or continues. <br />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 />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 />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 />Page 39 <br />