Amounts of Liquidated Damages. Because Grantee's failure to comply with provisions of the Franchise will result in injury to the City in amounts that will be difficult to quantify with reasonable certainty, the City and Grantee agree to the following Liquidated Damages for the following violations. These damages represent the parties' best estimate of the damages resulting from the specified injury. The Liquidated Damage amo unts are in 2006 dollars and shall be increased each year by the increase in the U.S. Consumer Price Index.
(1) For any Transfer subject to the provisions of Section 15 without prior City approval: three hundred dollars ($300) per day for each day the violation continues;
(2) For failure to comply with non-monetary requirements for PEG Access and use of the Cable System: seventy- five cents ($0.75) per Subscriber for each month the violation continues, but not to exceed fifteen thousand dollars ($15,000) per month;
(3) For violation of applicable Subscriber service standards:
(a) For standards requiring a percentage performance: fifteen hundred dollars ($1,500) per quarter for each percentage point below the required performance;
(b) For failure to maintain required Subscriber Service Centers: one dollar and fifty cents ($1.50) per Subscriber per month, but not to exceed seventy- five hundred dollars ($7,500) per month;
(c) For other violations: three hundred dollars ($300) per occurrence;
(4) For violation of any material technical performance standards: seven hundred fifty dollars ($750) per occurrence; and
(5) For all other material violations: seven hundred fifty dollars ($750) per occurrence.
Amounts of Liquidated Damages. Because the Grantee's failure to comply with provisions of the Franchise will result in injury to the City in amounts that will be difficult to quantify with reasonable certainty, the City and the Grantee agree to the following liquidated damages for the following violations. These damages represent the parties' best estimate of the damages resulting from the specified injury. The liquidated damage amounts are in 1995 dollars and shall be increased each year by the increase in the U.S. Consumer Price Index.
(1) For failure to complete the rebuild requirement in accordance with the Franchise: $10,000/month for each full month the violation continues.
(2) For any transfer subject to the provisions of Section 14 without prior City approval: $200 for each day the violation continues;
(3) For failure to comply with public, educational, and governmental requirements of the franchise and use of the System: $0.50/subscriber/month not to exceed $10,000/month;
(4) Except as provided in (5) - (6) below, for violation of applicable Subscriber service standards: $200 per occurrence;
(5) For failure to maintain a local office pursuant to the conditions of this franchise: $1 per subscriber per month, not to exceed $5000/month.
(6) For violation of any technical performance standards of this Franchise Agreement: $500 per occurrence.,
(7) For all other material violations of this Agreement: $500 per occurrence.
Amounts of Liquidated Damages. Because Grantee’s failure to comply with provisions of the Franchise will result in injury to the City in amounts that will be difficult to quantify with reasonable certainty, the City and Grantee agree to the following Liquidated Damages for the following violations. These damages represent the Parties' best estimate of the damages resulting from the specified injury and Grantee acknowledges that the liquidated damages amounts herein are reasonable in light of the anticipated or actual harm caused by any breach or noncompliance of the Franchise. Recognizing the length of this Franchise, the Liquidated Damage amounts are in 2008 dollars and shall be increased January 1 of each year by the increase in the U.S. Consumer Price Index for the Minneapolis/St. Xxxx area. To the extent that the City elects to assess liquidated damages as provided in this Agreement, and such liquidated damages have been paid, such damages shall be the City’s sole and exclusive remedy for the specific violation for which the liquidated damages were imposed. Nothing in this section, however, shall preclude the City from exercising any other right or remedy with respect to a breach that continues past the time the city stops assessing liquidated damages for such breach. Such damages shall not be a substitute for actual performance by Grantee of a financial obligation, but shall be in addition to any such actual performance.
Amounts of Liquidated Damages. Because the Grantee's failure to comply with provisions of the Franchise will result in injury to the Franchising Authority in amounts that will be difficult to quantify with reasonable certainty, the Franchising Authority and the Grantee agree to the following liquidated damages for the following violations. These damages represent the parties' best estimate of the damages resulting from the specified injury and are not a penalty or forfeiture and are. one or more exclusions to the term "franchise fee" provided in the Cable Act. The liquidated damage amounts are in the year 2003 dollars and shall be increased each year by the increase in the U.S. Consumer Price Index.
(1) For failure to construct, install, activate, operate, program and/or maintain the Cable System in accordance with the Franchise, five hundred dollars ($500.00) per day for each day that such construction, installation, activation, operation, programming and/or maintenance shall not have occurred. For failure to comply with FCC technical standards or requirements, five hundred dollars ($500.00) per day for each such day of non-compliance. For failure to complete construction and/or fully activate the Cable System in accordance with this Agreement, five hundred dollars ($500.00) per day that the Cable System is not provided, installed or activated.
