96-088 Ordinance - Laserfiche WebLink

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. .. ' . ? (A) For failure to provide data and reports per a Reasonabie Request . by the Mayor, or other authorized agent ofthe City uniess for Good Cause shown by the GRANTEE, GRANTEE shali forfeit three hundred doilars ($300.00) per day that the violation continues. (B) For failure to test, analyze and report on the performance of the system following a Reasonable Request of the City ` pursuant to Section V, B, 2, GRANTEE shall forfeit two hundred dollars ($200.00) per day that the violation continues. (C) For failure to pay the franchise fee when due pursuant to Section XVII, GRANTEE shall forfeit five hundred dollars ($500.00) per day that the violation continues. (D) For failure to comply with a Reasonable Request of the City as provided within this Agreement, GRANTEE shall forfeit two hundred dollars ($200.00) per day that the violation continues. (E) For failure to maintain data and reports as required by this Agreement, GRANTEE shall forfeit three hundred dollars ($300.00) per day that the violation continues. (F) The rights contained in this Section are, if applied, the sole and exclusive remedy for such failures. No liquidated damages as described above shall apply unless the City has given the GRANTEE written notice of any failure to which liquidated damages applies and GRANTEE shall not have cured or commenced to cure the failure within twenty (20) days of such written notice. Provided further, however, that the notice and cure period described herein shall not apply to any failure by GRANTEE to timely file the report described in Section XVII(A) above or to timely pay the franchise fee reflected on such report as due. The hearing and appeal rights described in Section VII, C, shall apply to liquidated damages described herein. Further, liquidated damages, in the aggregate over the term pf the Agreement, may not exceed $25,000. 30