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<br />10. I .2. Grantee may appeal (by pursuing judicial relief or other relief <br />afforded by the City) any assessment of liquidated damages within thirty (30) <br />days of receiving written notice of the assessment. Grantee's obligation to pay <br />the liquidated damages assessed may be stayed pending resolution of the appeal, <br />if so ordered by the court. <br /> <br />10.1.3. Liquidated damages may be assessed for the following violations <br />of this Franchise, in the following amounts: <br /> <br />(A) Failure to comply with EG access requirements: $200 for <br />each violation for each day the violation continues; <br /> <br />(B) Failure to render payments due to the City: Three.-tenths of <br />one percent (0.3%) of the unpaid amount for each day the violation <br />continues, in addition to any monetary payment due. <br /> <br />(C) Failure to supply information, reports, or filings lawfully <br />required: $100 for each violation for each day the violation continues. <br /> <br />(D) Failure to comply with customer service standards: $150 <br />for each violation for each day the violation continues, except where <br />compliance is measured quarterly, In which case damages shall be as <br />specified in Section 10.2.4(E). <br /> <br />10.1.4. Failure to comply with customer service standards with which <br />compliance is measured on a quarterly basis: $1000 for each quarter in which <br />such standards were not met if the failure was by less than 5%; $2,000 for each <br />quarter in which such standards were not met if the failure was by 5% or more but <br />less than 15%; and $3,000 for each quarter in which such standards were not met <br />ifthe failure was by 15% or more. <br /> <br />SECTION 11 - <br /> <br />Miscellaneous Provisions <br /> <br />I 1.1 Force Majeure. The Grantee shall not be held in default under, or in <br />noncompliance with, the provisions of the Franchise, nor suffer any enforcement or <br />penalty relating to noncompliance or default (including termination, cancellation or <br />revocation of the Franchise), where such noncompliance or alleged defaults occurred or <br />were caused by events which constitute a Force Majeure, as defined in the Agreement. <br /> <br />11.2 Notice. All notices shall be in writing and shall be sufficiently given and <br />served upon the other party by hand delivery, first class mail, registered or certified, <br />return receipt requested, postage prepaid, or by reputable overnight courier service and <br />addressed as follows: <br /> <br />To the City: <br /> <br /><)l)J46Iv~ <br /> <br />12 <br />