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( 7 ) For failure to provide the services Grantee has <br /> proposed, including but not limited to the <br /> implementation and the utilization of the access <br /> channels and the making available for use of the <br /> equipment and other facilities , the penalty shall be One <br /> Hundred Dollars ( $100 . 00 ) per day for each day, or part <br /> thereof, such failure occurs or continues . <br /> ( 8 ) Each violation of any provision of this Franchise shall <br /> be considered a separate violation for which a separate <br /> penalty can be imposed. <br /> D. Exclusive of the contractual penalties set out above in this <br /> section, a violation of any provision of this Franchise is a <br /> misdemeanor. <br /> E . Whenever City finds that Grantee has violated one or more <br /> terms , conditions or provisions of this Franchise, a written <br /> notice shall be given to Grantee informing it of such <br /> violation. At any time after thirty ( 30 ) days following <br /> local receipt of notice, provided Grantee remains in <br /> violation of one or more terms , conditions or provisions of <br /> this Franchise, in the sole opinion of City, City may draw <br /> from the Letter of Credit all penalties and other monies due <br /> City from the date of the local receipt of notice . <br /> F . Whenever a penalty has been assessed , Grantee may, within <br /> thirty ( 30 ) days of local receipt of notice, notify City that <br /> there is a dispute as to whether a violation or failure has , <br /> in fact, occurred . Such notice by Grantee to City shall <br /> specify with particularity the matters disputed by Grantee . <br /> 46 <br />