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2024 Ordinances
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Last modified
12/12/2024 12:24:06 PM
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1/31/2024 10:52:52 AM
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12.4.2. Commence an action at law for monetary damages or seek other equitable <br />relief; or <br />12.4.3. In the case of a substantial default of a material provision of the Franchise, <br />seek to revoke the Franchise in accordance with Section 12.7; or <br />12.4.4. Draw from the Letter of Credit required of Franchisee in Section 12.6 of <br />this Agreement pursuant to the procedure set forth in Section 12.5.2. <br />12.5. Liquidated Damages: The LFA may enforce the following liquidated damages for <br />the following violations of this Agreement, because such violations will result in injury to the LFA, <br />and because it is and will be impracticable to determine the actual amount of such damage in the <br />event of delay or nonperformance: <br />12.5.1. For failure to comply with the reporting requirements as set forth in Article <br />8 and Exhibit B of this Agreement: One hundred dollars ($100.00) per day for each day the <br />violation continues; <br />12.5.2. For failure to materially comply with the carriage of PEG Access Channel <br />requirements as set forth in Section 5.1 of this Agreement: Two hundred dollars ($200.00) per day <br />for each day the violation continues. <br />12.5.3. For failure to materially comply with Customer Service Standards set forth <br />in Exhibit B of this Agreement: One hundred -fifty dollars ($150.00) per day for each day the <br />violation continues, except where compliance is measured quarterly, in which case liquidated <br />damages shall be as follows: (a) Franchisee shall be liable for liquidated damages in the amount <br />of one thousand dollars ($1,000.00) for each quarter in which such standards were not met if the <br />failure was by less than five percent (5%); two thousand dollars ($2,000.00) for each quarter in <br />which such standards were not met if the failure was by five percent (5%) or more but less than <br />fifteen percent (15%); and three thousand dollars ($3,000.00) for each quarter in which such <br />standards were not met if the failure was by fifteen percent (15%) or more. <br />12.5.4. For purposes of any liquidated damages assessments, all similar violations <br />or failures arising out of the same factual events affecting multiple Subscribers shall be assessed <br />as a single violation, and a violation or a failure may only be assessed under any single one of the <br />above -referenced categories. Violations or failures shall not be deemed to have occurred or <br />commenced until they are deemed not cured as provided in Section 12.2. <br />12.5.5. The amount of all liquidated damages per annum shall not exceed fifteen <br />thousand dollars ($15,000.00) in the aggregate. <br />12.6. Letter of Credit: <br />12.6.1. Franchisee shall maintain throughout the term of this Agreement an <br />irrevocable letter of credit as set forth in this Section 12.6 (the Letter of Credit") and in <br />
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