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day, or part thereof, 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 access <br />channels and the maintenance and/or replacement of the equipment <br />and other facilities, the penalty shall be $500.00 per day for each day, <br />or part thereof, such failure occurs or continues. <br />V. For Grantee's breach of any written contract or agreement with or to <br />the City or its designee, the penalty shall be $500.00 per day for each <br />day, or part thereof, such breach occurs or continues. <br />vi. For failure to comply with any of the provisions of this Franchise, or <br />other City ordinance for which a penalty is not otherwise specifically <br />provided pursuant to this paragraph c, the penalty shall be $250.00 <br />per day for each day, or 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 or Commission finds that Grantee has violated one or more <br />terms, 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 (or <br />such longer reasonable time which, in the determination of City or <br />Commission, is necessary to cure the alleged violation) following local <br />receipt of notice, provided Grantee remains in violation of one or more terms, <br />conditions or provisions of this Franchise, in the sole opinion of City or <br />Commission, City or Commission may draw from the Letter of Credit all <br />penalties and other monies due City or Commission from the date of the local <br />receipt of notice. <br />f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven (7) <br />days of such draw, notify City or Commission, as applicable, in writing that <br />there is a dispute as to whether a violation or failure has in fact occurred. <br />Such written notice by Grantee to City or Commission shall specify with <br />particularity the matters disputed by Grantee. All penalties shall continue to <br />accrue and City or Commission may continue to draw from the Letter of <br />Credit during any appeal pursuant to this subparagraph f. <br />City or Commission shall hear Grantee's dispute within sixty (60) <br />days and render a final decision within sixty (60) days thereafter. <br />ii. Upon the determination of City or Commission that no violation has <br />taken place, City or Commission, as applicable, shall refund to <br />29 <br />