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b. The Letter of Credit shall provide that funds will be paid to City, upon <br /> written demand of City, and in an amount solely determined by City in <br /> payment for penalties charged pursuant to this Section, in payment for any <br /> monies owed by Grantee to City or any person pursuant to its obligations <br /> under this Franchise, or in payment for any damage incurred by City or <br /> any person as a result of any acts or omissions by Grantee pursuant to this <br /> Franchise. <br /> c. In addition to recovery of any monies owed by Grantee to City or any <br /> person or damages to City or any person as a result of any acts or <br /> omissions by Grantee pursuant to the Franchise, City in its sole discretion <br /> may charge to and collect from the Letter of Credit the following penalties: <br /> i. 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 /> ii. 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 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 /> 23 <br />