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<br /> <br />SECTION XIX: <br />GRANTEE TO HAVE NO RECOURSE <br />Except as expressly provided in this franchise, the GRANTEE herein shall have <br />no recourse whatsoever against the City for any loss, cost, or expense or damage <br />arising out of the reasonable enforcement of the terms and conditions of this <br />franchise by the City; nor for the failure of the City to have the authority to grant all or <br />any part of this franchise. The GRANTEE expressly acknowledges that upon accepting <br />this franchise, it did so relying upon its own investigation and understanding of the <br />power and authority of the City to grant this franchise. The GRANTEE by acceptance of <br />this franchise acknowledges that it has not been induced to enter into this franchise <br />by any understanding or promise or other statement, whether verbal or written, by or <br />on behalf of the City or by the acceptance of this franchise; that it has carefully read the <br />terms and conditions hereof and is willing to and does accept all of the reasonable <br />risks of such terms and conditions. <br />SECTION XX: <br />LIQUIDATED DAMAGES <br />Should it be found after conducting a hearing and appeal procedure provided <br />for in Section VII (C), that the GRANTEE is in violation of the terms of this Agreement, <br />the liquidated damages chargeable to the letter of credit, provided for under Section <br />VII, shall be as follows: <br />(a) For failure to provide data and reports per a Reasonable Request by the <br />Mayor, or other authorized agent of the City unless for Good Cause <br />shown by the GRANTEE, GRANTEE shall forfeit three hundred dollars <br />($300.00) per day that the violation continues. <br />(b) For failure to test, analyze and report on the performance of the system <br />following a Reasonable Request of the City pursuant to Section V, B, 2, <br />GRANTEE shall forfeit two hundred dollars ($200.00) per day that the <br />violation continues. <br />(c) For failure to pay the franchise fee when due pursuant to Section XVII, <br />GRANTEE shall forfeit five hundred dollars ($500.00) per day that the <br />violation continues. <br />(d) For failure to comply with a Reasonable Request of the City as provided <br />within this Agreement, GRANTEE shall forfeit two hundred dollars <br />($200.00) per day that the violation continues. <br />28