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2025 Ordinances
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12/10/2025 10:42:58 AM
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1/2/2025 4:38:28 PM
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12.4.2. Commence an action at law for monetary damages or seek other <br />equitable relief; or <br />12.4.3. In the case of a substantial default of a material provision of the <br />Franchise, seek to revoke the Franchise in accordance with Section 12.6; or <br />12.4.4. Draw from the Letter of Credit required of Franchisee in Section <br />12.5 of this Agreement pursuant to the procedure set forth in section 12.5.2. <br />12.4.5. Liquidated Damages: Enforce the following liquidated damages <br />for the following violations of this Agreement, because such violations will result in injury to the <br />LFA, and because it is and will be impracticable to determine the actual amount of such damage <br />in the event of delay or nonperformance: <br />12.4.5.1. For failure to comply with the reporting requirements as <br />set forth in Article 8 and Exhibit B of this Agreement: One hundred dollars ($100.00) per day <br />for each day the violation continues; <br />12.4.5.2. For failure to materially comply with the carriage of <br />PEG Access Channel requirements as set forth in Section 5.1 of this Agreement: Two hundred <br />dollars ($200.00) per day for each day the violation continues; <br />12.4.5.3. For failure to materially comply with Customer Service <br />Standards set forth in Exhibit B of this Agreement: One hundred -fifty dollars ($150.00) per day <br />for each day the violation continues, except where compliance is measured quarterly, in which <br />case liquidated damages shall be as follows: (a) Franchisee shall be liable for liquidated <br />damages in the amount of one thousand dollars ($1,000.00) for each quarter in which such <br />standards were not met if the failure was by less than five percent (5%); two thousand dollars <br />($2,000.00) for each quarter in which such standards were not met if the failure was by five <br />percent (5%) or more but less than fifteen percent (15%); and three thousand dollars ($3,000.00) <br />for each quarter in which such standards were not met if the failure was by fifteen percent (15%) <br />or more. <br />12.4.5.4. For purposes of any liquidated damages assessments, all <br />similar violations or failures arising out of the same factual events affecting multiple Subscribers <br />shall be assessed as a single violation, and a violation or a failure may only be assessed under <br />any single one of the above -referenced categories. Violations or failures shall not be deemed to <br />have occurred or commenced until they are deemed not cured as provided in Section 12.2. <br />12.4.6. The amount of all liquidated damages per annum shall not exceed <br />fifteen thousand dollars ($15,000.00) in the aggregate. <br />12.5. Letter of Credit: Franchisee shall maintain throughout the term of this <br />Agreement an irrevocable letter of credit as set forth in this Section 12.5 (the "Letter of Credit") <br />and in substantially the same form as attached hereto in Exhibit C. The Letter of Credit shall be <br />in the amount of ten thousand dollars ($10,000.00); provided, however, that the Franchisee shall <br />increase the amount of the Letter of Credit to an amount equivalent to that provided in a letter of <br />credit by any other cable operator in the Franchise Area up to a maximum of twenty thousand <br />
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