2000 038 Ordinance - Laserfiche WebLink

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ORDINANCE NO. 2000 PAGE 27 payment of such damages including the $50 per day penalty for failure to respond to Grantor's request for information due Grantor within the time limits as specified in this chapter or the franchise agreement pursuant to §945.24(8) and the $100 or $500 per day amounts for failure to timely pay the franchise fee pursuant to §945.17(e), which shall not be subject to but in addition to the remedies set forth in this section. The assessment of any monetary damages shall not constitute a waiver by the Grantor of any other right or remedy it may have under this chapter or the franchise or applicable law including its right to recover from the Grantee any additional damages, losses, costs and expenses, including attorney's and/or consultant fees that are incurred by the Grantor by reason of the breach of this chapter or any franchise agreement. (f) In addition to revocation in accordance with other provisions of this chapter, Grantor may revoke the franchise agreement and rescind all rights and privileges associated with the franchise agreement in the following circumstances, each of which represents a material breach of the franchise agreement: (1) If the Grantee fails to perform any of its obligations under the franchise agreement or under any ordinances, documents or other terms and provisions entered into by and between the Grantor and the Grantee; (2) If there is a pattern of noncompliance with the Grantor's consumer service standards: (3) If the Grantee willfully and deliberately fails for more than 24 hours to provide continuous and uninterrupted cable service for the entire franchise area, not subject to force majeure as defined under §945.28 herein; (4) If the Grantee, having been found by a court of competent jurisdiction to have practiced any fraud or deceit upon the Grantor or any subscriber; or (5) If the Grantee becomes insolvent, or if there is an order for relief in favor of the Grantee in a bankruptcy proceeding. Written notice of intent to consider revocation under this subsection shall be served on the Grantee at least 30 days prior to the date of revocation. The Grantor shall hear any persons interested in the revocation, and within 90 days after the hearing shall determine whether to revoke the franchise and declare that the franchise is revoked and the performance bond forfeited; or that the breach at issue is capable of being cured by the Grantee, direct the Grantee to take appropriate remedial action within the time and in the manner and under the terms and conditions that the Grantor determines are reasonable under the circumstances.