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30 <br />(a) For failure to provide data, documents, reports or information or to cooperate with <br />City during an application process, audit, or System review, the liquidated damage shall <br />be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such <br />failure occurs or continues. <br /> <br />(b) For failure to comply with any of the provisions of this Franchise for which a <br />penalty is not otherwise specifically provided pursuant to this Section 10.3, the liquidated <br />damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part <br />thereof, such failure occurs or continues. <br /> <br />(c) For failure of Grantee to comply with construction, operation or maintenance <br />standards, the liquidated damage shall be Five Hundred Dollars ($500.00) per Day for <br />each Day, or part thereof, such failure occurs or continues. <br /> <br />(d) For failure to provide the services Grantee has proposed, including but not limited <br />to the implementation and the utilization of the PEG Channels, the liquidated damage shall <br />be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or part thereof, such failure <br />occurs or continues. <br /> <br />10.4 Each Violation a Separate Violation. Each violation of any provision of this Franchise <br />shall be considered a separate violation for which separate liquidated damages can be imposed. <br />However, to the extent City remains a Member City of Commission, liquidated damages under <br />Section 10.3 for a violation of each Member City franchise shall be calculated by the Commission <br />as one violation, and not as multiple violations (one violation for each individual Member City <br />franchise). For example, liquidated damages per Day under Section 10.3(a) would equal Two <br />Hundred Fifty Dollars ($250.00), not One Thousand Seven Hundred Fifty Dollars ($1,750) (seven <br />times the per Day liquidated damages amount). <br /> <br />10.5 Maximum Draw Per Violation. Any liquidated damages for any given violation shall be <br />imposed upon Grantee for a maximum of Twenty-Five Thousand Dollars ($25,000). If after that <br />amount of draw from the Security Fund Grantee has not cured or commenced to cure the alleged <br />breach to the satisfaction of the City, the City may pursue all other remedies. <br /> <br />10.6 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and <br />unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be <br />compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; <br />or fails, after thirty (30) Days’ notice of such failure by the City to comply with any provision of <br />the Franchise which the City reasonably determines can be remedied by an expenditure of the <br />Security Fund, the City may then draw from the Security Fund. Payments are not Franchise Fees <br />as defined in Section 16 of this Franchise. <br /> <br />10.7 Procedure for Draw on Security Fund. The parties shall follow the procedure set forth <br />in Section 11 of this Franchise regarding any withdrawal from the Security Fund. <br /> <br />10.8 Grantee’s Right to Pay Prior to Security Fund Draw. Grantee shall have the opportunity <br />to make prompt payment of any assessed liquidated damages and if Grantee fails to promptly remit <br />payment to the City, the City may resort to a draw from the Security Fund in accordance with the <br />terms of this Franchise.