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31 <br />10.9 Failure to Establish Security Fund. City may draw on said Security Fund for the whole <br />amount thereof and hold the proceeds, without interest, and use the proceeds to pay costs incurred <br />by City in performing and paying for any or all of the obligations, duties and responsibilities of <br />Grantee under this Franchise that are not performed or paid for by Grantee pursuant hereto, <br />including attorneys’ fees incurred by the City in so performing and paying. The failure to establish <br />a Security Fund under Section 10.1 may also, at the option of City, be deemed a violation by <br />Grantee under this Franchise. The drawing on the Security Fund by City, and use of the money so <br />obtained for payment or performance of the obligations, duties and responsibilities of Grantee <br />which are in default, shall not be a waiver or release of such violation. <br /> <br />10.10 Replenishment of Security Fund. If Commission or City exhaust the Security Fund under <br />Section 10.5 during a given violation proceeding, Grantee shall have no obligation to replenish the <br />Security Fund for such violation proceeding. However, Grantee must replenish the Security Fund <br />as security for any future franchise violation. If the amount of the Security Fund established under <br />Section 10.1 is not enough to secure the performance of the obligations described in Section 10.1, <br />then the City or the Commission must resort to the Bond provided in Section 9 or other enforcement <br />mechanisms provided under Section 11. <br /> <br />10.11 Collection of Funds Not Exclusive Remedy. The collection by City of any damages or <br />monies from the Security Fund shall not affect any other right or remedy available to City, nor <br />shall any act, or failure to act, by City pursuant to the Security Fund, be deemed a waiver of any <br />right of City pursuant to this Franchise or otherwise. Notwithstanding this Section, however, <br />should the City elect to impose liquidated damages, that remedy shall remain the City’s exclusive <br />remedy for one hundred twenty (120) Days or for the period needed for the Security Fund draw to <br />reach the maximum in Section 10.5, whichever is less. <br /> <br />SECTION 11 VIOLATION PROCEDURE <br /> <br />11.1 Basis for Violation. City or Commission shall give written notice to Grantee if City, in <br />its sole discretion, determines that Grantee has: <br /> <br />(a) Violated any material provision of this Franchise or the acceptance hereto; <br /> <br />(b) Violated any law, ordinance, rule, order, regulation or determination of the City, <br />state or federal government, not in conflict with this Franchise; <br /> <br />(c) Attempted to evade any provision of this Franchise or the acceptance hereof; <br /> <br />(d) Practiced any fraud or deceit upon City or Subscribers; <br /> <br />(e) Made a material misrepresentation of fact in the application for or negotiation of <br />this Franchise; or <br /> <br />11.2 Violation Procedure. The written notice shall describe in reasonable detail the alleged <br />violation so as to afford Grantee an opportunity to remedy the violation. <br /> <br />(a) Grantee shall have thirty (30) Days subsequent to receipt of the notice in which to <br />correct the violation (or if such violation is of such a character as to require more than