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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 written contract or agreement with or <br /> to the City or its designee, the penalty shall be $500.00 per day for <br /> each day, or part thereof, such breach occurs or continues. <br /> vi. For failure to comply with any of the provisions of this Franchise, <br /> or other City ordinance for which a penalty is not otherwise <br /> specifically provided pursuant to this paragraph c, the penalty shall <br /> be $250.00 per day for each day, or part thereof, such failure <br /> 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 /> f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven <br /> (7) days of such draw, notify City in writing that there is a dispute as to <br /> whether a violation or failure has in fact occurred. Such written notice by <br /> Grantee to City shall specify with particularity the matters disputed by <br /> Grantee. All penalties shall continue to accrue and City may continue to <br /> draw from the Letter of Credit during any appeal pursuant to this <br /> subparagraph f. <br /> i. City shall hear Grantee's dispute within sixty (60) days and render <br /> a final decision within sixty (60) days thereafter. <br /> ii. Upon the determination of City that no violation has taken place, <br /> City shall refund to Grantee, without interest, all monies drawn <br /> from the Letter of Credit by reason of the alleged violation. <br /> g. If said Letter of Credit or any subsequent Letter of Credit delivered <br /> pursuant thereto expires prior to thirty (30) months after the expiration of <br /> 24 <br />