96-051 Ordinance - Laserfiche WebLink

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(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. (fl 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 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 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 of this Agreement, may not exceed $25,000. SECTION XXI REMOVAL OF FACILITIES AND EQUIPMENT UPON REQUEST Upon termination of service to any Subscriber, the GRANTEE shall promptly remove all of its facilities and equipment from the premises of such Subscriber upon written request. SECTION XXII: CONSTRUCTION PLAN; PROGRESS REPORTS (a) The GRANTEE shall submit to the City all plans and specifications along with a construction time table which is attached hereto as Exhibit 1. The time table shall commence after required make-ready is completed. The GRANTEE shall also provide a detailed geographical description of the various areas of the City to be served. (b) The GRANTEE shall furnish to the Mayor progress reports indicating in detail the degree of construction or implementation of services. Such periodic reports shall be made at (3) three months intervals. The first report shall be made (3) three months from the start of construction. 29