Reso 99-134 - Laserfiche WebLink

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pay to the City $1.000.00 per day for each day or part thereof, the deficiency continues. 2. For material failure to provide data, documents, reports or information in a timely manner as required by this franchise agreement or by Ordinance No. 99- ~ and amendments thereto, or as requested by the City consistent with FCC rules and regulations and all other applicable law, franchisee shall pay $250.00 per day, or part thereof, that each violation occurs or continues. For non-proprietary information, a violation would be deemed to have occurred when franchisee fails to provide information by the date requested by the City. If the information requested is considered proprietary by a court of competent jurisdiction, no fine shall be imposed. For proprietary information, a violation would be deemed to have occurred if the City disagrees with the franchisee's explanation as to why the material is proprietary and a final decision of a court of competent jurisdiction upholds the City's determination. 3. For failure to comply with any other provision of Ordinance No.99-bb and amendments thereto, or failure to comply with any other material provision of this franchise agreement other than those specifically referenced above, or failure to comply with any lawful order of the City within 30 days of receipt of notice of such non-compliance from the City, franchisee shall pay $250.00 per day for each day, or part thereof, that such non-compliance continues. B. Before assessing liquidated damages against franchisee, the City shall give franchisee written notice of the alleged violation and its intention to assess such damages, which notice shall contain a description of the alleged violation. Following receipt of such notice, franchisee shall cure or commence to cure and the franchisee and the City shall have a 30 day period during which time franchisee and the City shall make good faith reasonable efforts to resolve the dispute in question. If the dispute is not resolved in that 30 day period, the City may collect liquidated damages owed, either through draw-down of the security fund as provided in Section 11 of this agreement, or through any other means allowed by law provided however that no fines or liquidated damages shall be assessed while litigation is pending in a court of competent jurisdiction. C. Revocation or termination of franchise. Franchisee's franchise is subject to revocation pursuant to Section 22 of Ordinance No. 99-(,{,as amended for any of the reasons set forth therein. In the event the City exercises its right to revoke the franchise, the procedures set forth in Section 22 of Ordinance No. 99-~as may be amended shall apply, -28- Cable Frarochi~ ^g'eemem ~ C'yJ