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' ~. . TTY OF NO~r:r'H OLMSTED ti ~O~RDINANCE N0. 80-29 ~ ,. .,, _ i'~AGE 24 ~a) For failure to complete construction and installation of tie system or provide service in accordance with this Ordinance and the Grantee's application as incorporated herein, unless the " • Council specifically approves the delay by resolution because of good cause shown by Grantee, Grantee shall forfeit Five Hundred Dollars ($500.00) per day or part thereof that the violation continues. (b) For failure to provide or maintain data and reports as re- quested by the City or as required in Sections 6, 11, 13, 15, 18 and 22, Grantee shall forfeit One Hundred Dollars ($100.00) per day or part thereof that the violation continues. (c) For failure to comply with the operational standards fol- lowing the Council's resolution directing Grantee to make improvements pursuant to Section 17, Grantee shall forfeit Two Hundred Dollars ($200.00) per day or part thereof that the violation continues. (d) For failure to test, analyze and report on the performance of the system following the reasonable request of the City pursuant to Section 18, Grantee shall forfeit One Hundred Dollars ($100.00) per day or part thereof that the violation continues. (e) For failure to pay the franchise fee when due pursuant to Section 15, Grantee shall forfeit One Hundred Dollars ($100.00) per day or part thereof that the violation continues. (f) For persistent failure to comply with such reasonable requests and recommendations as may be made by the City pursuant to authority granted by this Ordinance, Grantee shall forfeit One Hundred Dollars ($100.00) per day or part thereof that the viola- tion continues. (g) The rights contained in this Section are separate distinct and in addition to those enumerated elsewhere in this Ordinance. SECTION 38: COMPLIANCE WITH STATE AND FEDERAL LAWS (a) Notwithstanding any other provisions of this franchise to the contrary, the Grantee shall at all times comply with all laws and regulations of the state and federal governments or any administrative agencies thereof; provided, however, that if any such state or federal law or regulation shall require the Grantee to perform any service or shall prohibit the Grantee from perform- ing any service or shall permit the Grantee to perform any service in conflict with the terms of this franchise or of any law or reg- ulation of the City, then as soon as possible following knowledge thereof the Grantee shall notify the Mayor of the point of con- flict believed to exist between such regulation or law and the laws or regulations of the City or this franchise. (b) If the Council determines that a material provision of this Ordinance is affected by such subsequent action, the Council shall have the right to modify any of the provisions herein to such reasonable extent as may be necessary to carry out the full intent and purpose of this Ordinance. SECTION 39: SEVERABILITY If any section, subsection, sentence, clause, phrase or por- tion of this Ordinance is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such hold- ing shall not affect the validity of the remaining portions hereof. SECTION 40: CAPTIONS The captions to sections throughout this Ordinance are intended solely to facilitate reading and referencing and shall not affect the meaning or interpretation of the provisions contained therein.