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<br />C. Upon completion of the hearing, the City shall issue a written decision, <br />including fmdings of fact, determining whether the Company is in violation of this <br />Agreement. If the City detern:rines that the Company is in violation of this Agreement <br />following hearing, or if the Company fails to correçt the violation and fails to request a <br />hearing, then the City may assess liquidated damages of Two Hundred Fifty Dollars <br />($250.00) per day against the Company, which shall accrue from the date on which the <br />City first provided the Company with written notice of the violation(s), andlor may draw <br />against the Performance Bond for the liquidated damages. <br /> <br />D. The City shall stay or waive the ÌIDposition of any liquidated damages set <br />forth above upon a finding that any failure or delay is a result of an act of God or due to <br />circumstances beyond the reasonable control of the Company. <br /> <br />E. The Company shall not be excused from complying with any of the terms <br />or conditions of this Agreement by any failure of the Citj upon anyone or more <br />occasions to insist upon or to seek compliance with ,any such terms or conditions. <br /> <br />6.3 No Removal or Transfer. Under no circumstances, including tern:rinatiònof <br />this Agreement, does this Agreement confer upon the City any right to require the <br />Company or its assignees or transferees to: (a) remove or relocate the Facilities; <br />(b) cease providing any service over the Facilities; or (c) sell, lease or otherwise transfer <br />any right, title, interest, use or control of the Facilities, in whole or in part, including <br />any capacity used to provide IP Video Service, to the City or to any third party. <br /> <br />SECTION 7 <br />INSURANCE AND INDEMNITY <br /> <br />7.1 Liability Insurance. <br /> <br />A. The Company shall either provide an adequate statement of self insurance, <br />subject to the Law Director's reasonable appròva1, or maintain, throughout the term of <br />this Agreement, commercial, general and umbrella liability insurance with a company <br />authorized to do business in the State of Ohio with a rãting by Best of not less than "À-," <br />insuring The Company and the City (wherein the City is named as additional insured), in <br />the minimum amounts of: <br /> <br />1. <br /> <br />Olle Million Dollars ($1,000,000.00) for bodily injury or death to <br />anyone (1) person; <br /> <br />2. <br /> <br />Three Million Dollars ($3,000,000.00) for bodily injury or death <br />resulting from anyone accident or occurrence; <br /> <br />3. <br /> <br />One Million Dollars ($1,000,000.00) for all other types ofliability; <br /> <br />477196-2 <br /> <br />13 <br />