Reso 99-134 - Laserfiche WebLink

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agreement and a violation of Ordinance No. 99-("1;,, and shall constitute grounds for of the franchise or other enforcement action by the City. D. Where a bond or letter of credit is provided in lieu of a security fund, franchisee shall pay the City the amounts of all claims against said bond or letter of credit within 30 calendar days after notice of such claim, maintaining the security not withstanding the form at its original amount. If franchisee fails to pay the City the amount of any claim within thirty (30) days after notice to the franchisee of the claim paid or fails to restore the guarantee to its original amount, such failure may be considered a material breach of this franchise agreement and a violation of Ordinance No. 99~and amendments thereto, and shall constitute grounds for revocation of the franchise or other enforcement action by the City. E. The security fund or an equivalent amount shall become the property of the City in the event the franchise is revoked. Franchisee is entitled to return of the balance of the security fund that remains following any other form of expiration of the franchise, including denial of renewal, provided that there is no outstanding default or unpaid amounts owed to the City by franchisee. F. If the franchise terminates for reasons other than revocation, any security fund, bond or letter of credit will be maintained by the franchisee for one year from the date of termination and the remaining fund will be returned to franchisee one year from the termination date of the franchise, provided there is no outstanding default or unpaid amounts owned to the City by franchisee. G. The rights reserved to the City under this section are in addition to all other rights of the City, whether reserved in this franchise agreement or in Ordinance No. 99-"~ and amendments thereto, or authorized by other law, and no action, proceeding or exercise of a right with respect to the security fund will affect any other right the City may have. Section 34. Enforcement remedies. A. Liquidated damages. Because the City may suffer damages from any violation by franchisee of this agreement or of Ordinance No. 99-"" and amendments thereto, which damages may be difficult to quantify, the City and franchisee agree to the following schedule of liquidated damages: 1. For failure to install, operate and maintain the cable system as required by Sections lO(A) and 11 (A) hereof, unless the City specifically approves a delay caused by the occurrence of conditions beyond franchisee's control Franchisee shall -27- Cable Franchise Agreemem OJ)