Penalties and Liquidated Damages. Because it may be difficult to calculate the harm to the Franchising Authority in the event of a breach of this Franchise Agreement by Franchisee, the parties agree to liquidated damages as a reasonable estimation of the actual damages. To the extent that the Franchising Authority elects to assess liquidated damages as provided in this Agreement and such liquidated damages have been paid, such damages shall be the Franchising Authority’s sole and exclusive remedy. Nothing in this Section is intended to preclude the Franchising Authority from exercising any other right or remedy with respect to a breach that continues past the time the Franchising Authority stops assessing liquidated damages for such breach. Liquidated damages shall not be assessed until the Franchising Authority has completed the procedures set forth in Section 12.7 hereof, including holding a public hearing, and has notified the Franchisee, by certified or registered mail, of the proposed liquidated damage, specifying the violation at issue. The Franchisee shall have thirty (30) days from the date of receipt of the written notice to submit payment. If the Franchisee does not make payment within that period, the Franchising Authority may obtain the amount assessed from the Franchisee’s performance bond. 12.8.1 The first day for which liquidated damages may be assessed, if there has been no cure after the end of the applicable cure period, shall be the day after the end of the applicable cure period, including any extension of the cure period granted by the Franchising Authority. 12.8.2 Franchisee may appeal (by pursuing judicial relief or other relief afforded by the Franchising Authority) any assessment of liquidated damages within thirty (30) days of receiving written notice of the assessment. Franchisee’s obligation to pay the liquidated damages assessed shall be stayed pending resolution of the appeal. 12.8.3 Liquidated damages may be assessed for the following violations of this Franchise Agreement, in the following amounts: 12.8.3.1 Failure to comply with PEG access requirements: $200, for each violation for each day the violations continues;
Appears in 1 contract
Samples: Cable Franchise Agreement
Penalties and Liquidated Damages. Because it may be difficult to calculate the harm to the Franchising Authority in the event of a breach of this Franchise Agreement by Franchisee, the parties agree to liquidated damages as a reasonable estimation of the actual damages. To the extent that the Franchising Authority elects to assess liquidated damages as provided in this Agreement and such liquidated damages have been paid, such damages shall be the Franchising Authority’s sole and exclusive remedy. Nothing in this Section is intended to preclude the Franchising Authority from exercising any other right or remedy with respect to a breach that continues past the time the Franchising Authority stops assessing liquidated damages for such breach. Liquidated damages shall not be assessed until the Franchising Authority has completed the procedures set forth in Section 12.7 hereof, including holding a public hearing, and has notified the Franchisee, by certified or registered mail, of the proposed liquidated damage, specifying the violation at issue. The Franchisee shall have thirty (30) days from the date of receipt of the written notice to submit payment. If the Franchisee does not make payment within that period, the Franchising Authority may obtain the amount assessed from the Franchisee’s performance bond.
12.8.1 The first day for which liquidated damages may be assessed, if there has been no cure after the end of the applicable cure period, shall be the day after the end of the applicable cure period, including any extension of the cure period granted by the Franchising Authority.
12.8.2 Franchisee may appeal (by pursuing judicial relief or other relief afforded by the Franchising Authority) any assessment of liquidated damages within thirty (30) days of receiving written notice of the assessment. Franchisee’s obligation to pay the liquidated damages assessed shall be stayed pending resolution of the appeal.
12.8.3 Liquidated damages may be assessed for the following violations of this Franchise Agreement, in the following amounts:
12.8.3.1 Failure to comply with PEG access requirements: $200, for each violation for each day the violations continues;
12.8.3.2 Failure to render payments due to the Franchising Authority: Three-tenths of one percent (0.3%) of the unpaid amount for each day the violation continues, in addition to any monetary payment due and interest, in accordance with the Town’s standard rate for computing interest charges on late payments.
12.8.3.3 Failure to supply information, reports, or filings lawfully required: $200, for each violation for each day the violation continues.
12.8.3.4 Failure to comply with customer service standards: $200, for each violation for each day the violation continues, except where compliance is measured quarterly, in which case damages shall be as specified in Section 12.8.3.5.
12.8.3.5 Failure to comply with customer service standards with which compliance is measured on a quarterly basis: $500 for the first violation in which such standards were not met; $1,000 for any violation within 18 months after the first; and $2,500 for any violation within 18 months after the second or any subsequent violation.
12.8.3.6 The Franchisee shall not be charged with multiple violations for a single act or event affecting a single subscriber or for a single act or event affecting multiple subscribers on the same day.
12.8.3.7 The Town may reduce or waive any of the above liquidated damages if it determines, in its discretion, that such waiver is in the public interest.
12.8.3.8 If a court of competent and binding jurisdiction determines that liquidated damages cannot be imposed by this ordinance rather than by contract, the foregoing liquidated damages shall be construed to be penalties to the full extent allowed and contemplated by Section 15.2-2108.22(6) of the Code of Virginia
Appears in 1 contract
Samples: Cable Franchise Agreement
Penalties and Liquidated Damages. Because it may be difficult to calculate the harm to the Franchising Authority in the event of a Franchisee’s breach of this Franchise Agreement by FranchiseeAgreement, the parties agree to liquidated damages as a reasonable estimation of the actual damages. To the extent that the Franchising Authority elects to assess liquidated damages as provided in this Agreement and such liquidated damages have been paid, such damages shall be the Franchising Authority’s 's sole and exclusive remedy. Nothing in this Section is intended to shall preclude the Franchising Authority from exercising any other right or remedy with respect to a breach that continues past the time the Franchising Authority stops assessing liquidated damages for such breach. Liquidated damages shall not be assessed until the Franchising Authority has completed the procedures set forth in Section 12.7 hereof, including holding a public hearing, and has notified notifying the Franchisee, Franchisee by certified or registered mail, mail of the proposed liquidated damagedamages, specifying the violation at issueviolation. The Franchisee shall have thirty (30) days from the date of receipt of the written notice to submit payment. If the Franchisee does not make payment within that period, the Franchising Authority may obtain the amount assessed from the Franchisee’s 's performance bond.
12.8.1 (A) The first day for which liquidated damages may be assessed, if there has been no cure after the end of the applicable cure periodcure, shall be the day after the end of the applicable cure period, including any extension of the cure period granted by the Franchising AuthorityAuthority has granted.
12.8.2 (B) Franchisee may appeal (by pursuing judicial relief or other relief afforded by the Franchising Authorityrelief) any assessment of liquidated damages within thirty (30) days of receiving written notice of the assessment. Franchisee’s 's obligation to pay the liquidated damages assessed shall be stayed pending resolution of the appeal.
12.8.3 Liquidated (C) The Franchising Authority may assess liquidated damages may be assessed for the following violations of this Franchise Agreement, in the following amounts:
12.8.3.1 i. Failure to comply with PEG access requirements: $200200 per violation for each day the violation continues.
ii. Failure to render payments due to the Franchising Authority: Three-tenths of one percent (0.3%) of the unpaid amount for each day the violation continues, in addition to any monetary payment due and interest, computed at the Town's prime rate of interest charged by the Town's primary depository bank.
iii. Failure to supply information, reports, or filings lawfully required: $100 per violation for each day the violation continues.
iv. Failure to comply with customer service standards: $100 per each violation for each day the violation continues, except where compliance is measured quarterly, in which case damages shall be as specified in Section 12.8(C)v below.
v. Failure to comply with customer service standards with which compliance is measured on a quarterly basis: $300 for the first violation in which such standards were not met; $750 for any violation within 18 months after the first; and $1,500 for any violation within 18 months after the second or any subsequent violation.
vi. The Franchisee shall not be charged with multiple violations continues;for a single act or event affecting a single subscriber or for a single act or event affecting multiple subscribers on the same day.
vii. The parties agree that such liquidated damages are reasonable.
viii. The Town may reduce or waive any of the above liquidated damages if it determines, in its sole discretion that such waiver is in the public interest.
ix. If a court of competent and binding jurisdiction determines that liquidated damages cannot be imposed by this Agreement, the foregoing liquidated damages shall be construed to be penalties to the full extent allowed and contemplated by paragraph 6 of Section 15.2-2108.22 of the Code of Virginia and shall apply via the liquidated damages procedures and limitations under this section.
(D) The amount of all liquidated damages assessed per annum shall not exceed twenty thousand dollars ($20,000) in the aggregate.
(E) If after 120 days the Franchisee has not cured or commenced to cure the alleged breach to the satisfaction of the Franchising Authority, the Franchising Authority may pursue all other remedies aside from liquidated damages.
Appears in 1 contract
Samples: Cable Franchise Agreement
Penalties and Liquidated Damages. Because it may be difficult to calculate the harm to the Franchising Authority in the event of a breach of this Franchise Agreement by Franchisee, the parties agree to liquidated damages as a reasonable estimation of the actual damages. To the extent that the Franchising Authority elects to assess liquidated damages as provided in this Agreement and such liquidated damages have been paid, such damages shall be the Franchising Authority’s sole and exclusive remedy. Nothing in this Section is intended to preclude the Franchising Authority from exercising any other right or remedy with respect to a breach that continues past the time the Franchising Authority stops assessing liquidated damages for such breach. Liquidated damages shall not be assessed until the Franchising Authority has completed the procedures set forth in Section 12.7 hereof, including holding a public hearing, and has notified the Franchisee, by certified or registered mail, of the proposed liquidated damage, specifying the violation at issue. The Franchisee shall have thirty (30) days from the date of receipt of the written notice to submit payment. If the Franchisee does not make payment within that period, the Franchising Authority may obtain the amount assessed from the Franchisee’s performance bond.
12.8.1 The first day for which liquidated damages may be assessed, if there has been no cure after the end of the applicable cure period, shall be the day after the end of the applicable cure period, including any extension of the cure period granted by the Franchising Authority.
12.8.2 Franchisee may appeal (by pursuing judicial relief or other relief afforded by the Franchising Authority) any assessment of liquidated damages within thirty (30) days of receiving written notice of the assessment. Franchisee’s obligation to pay the liquidated damages assessed shall be stayed pending resolution of the appeal.
12.8.3 Liquidated damages may be assessed for the following violations of this Franchise Agreement, in the following amounts:
12.8.3.1 Failure to comply with PEG access requirements: $200400, for each violation for each day the violations continues;
12.8.3.2 Failure to render payments due to the Franchising Authority: Three-tenths of one percent (0.3%) of the unpaid amount for each day the violation continues, in addition to any monetary payment due and interest, in accordance with the City’s standard rate for computing interest charges on late payments.
12.8.3.3 Failure to supply information, reports, or filings lawfully required: $400, for each violation for each day the violation continues.
12.8.3.4 Failure to comply with customer service standards: $400, for each violation for each day the violation continues, except where compliance is measured quarterly, in which case damages shall be as specified in Section 12.8.3.5.
12.8.3.5 Failure to comply with customer service standards with which compliance is measured on a quarterly basis: $500 for the first violation in which such standards were not met; $1,000 for any violation within 18 months after the first; and $2,500 for any violation within 18 months after the second or any subsequent violation.
12.8.3.6 For failure to comply with any other requirement of this ordinance, applicable Virginia law or the Cable Act: $400 a day for each violation for each day the violation continues.
12.8.3.7 The Franchisee shall not be charged with multiple violations for a single act or event affecting a single subscriber or for a single act or event affecting multiple subscribers on the same day.
12.8.3.8 The City may reduce or waive any of the above liquidated damages if it determines, in its discretion, that such waiver is in the public interest.
12.8.3.9 If a court of competent and binding jurisdiction determines that liquidated damages cannot be imposed by this ordinance rather than by contract, the foregoing liquidated damages shall be construed to be penalties to the full extent allowed and contemplated by Section 15.2-2108.22(6) of the Code of Virginia
Appears in 1 contract
Samples: Cable Television Franchise Agreement
Penalties and Liquidated Damages. Because it may be difficult to calculate the harm to the Franchising Authority in the event of a Franchisee’s breach of this Franchise Agreement by FranchiseeAgreement, the parties agree to liquidated damages as a reasonable estimation of the actual damages. To the extent that the Franchising Authority elects to assess liquidated damages as provided in this Agreement and such liquidated damages have been paid, such damages shall be the Franchising Authority’s 's sole and exclusive remedy. Nothing in this Section is intended to s h a l l preclude the Franchising Authority from exercising any other right or remedy with respect to a breach that continues past the time the Franchising Authority stops assessing liquidated damages for such breach. Liquidated damages shall not be assessed until the Franchising Authority has completed the procedures set forth in Section 12.7 hereof, including holding a public hearing, and has notified notifying the Franchisee, Franchisee by certified or registered mail, mail of the proposed liquidated damagedamages, specifying the violation at issueviolation. The Franchisee shall have thirty (30) days from the date of receipt of the written notice to submit payment. If the Franchisee does not make payment within that period, the Franchising Authority may obtain the amount assessed from the Franchisee’s 's performance bond.
12.8.1 (A) The first day for which liquidated damages may be assessed, if there has been no cure after the end of the applicable cure periodcure, shall be the day after the end of the applicable cure period, including any extension of the cure period granted by the Franchising AuthorityAuthority has granted.
12.8.2 (B) Franchisee may appeal (by pursuing judicial relief or other relief afforded by the Franchising Authorityrelief) any assessment of liquidated damages within thirty (30) days of receiving written notice of the assessment. Franchisee’s 's obligation to pay the liquidated damages assessed shall be stayed pending resolution of the appeal.
12.8.3 Liquidated (C) The Franchising Authority may assess liquidated damages may be assessed for the following violations of this Franchise Agreement, in the following amounts:
12.8.3.1 i. Failure to comply with PEG access requirements: $200200 per violation for each day the violation continues.
ii. Failure to render payments due to the Franchising Authority: Three-tenths of one percent (0.3%) of the unpaid amount for each day the violation continues, in addition to any monetary payment due and interest, computed at the City's prime rate of interest charged by the City's primary depository bank.
iii. Failure to supply information, reports, or filings lawfully required: $100 per violation for each day the violation continues.
iv. Failure to comply with customer service standards: $100 p e r each violation for each day the violation continues, except where compliance is measured quarterly, in which case damages shall be as specified in Section 12.8(C)v below.
v. Failure to comply with customer service standards with which compliance is measured on a quarterly basis: $300 for the first violation in which such standards were not met; $750 for any violation within 18 months after the first; and $1,500 for any violation within 18 months after the second or any subsequent violation.
vi. The Franchisee shall not be charged with multiple violations continues;for a single act or event affecting a single subscriber or for a single act or event affecting multiple subscribers on the same day.
vii. The parties agree that such liquidated damages are reasonable.
viii. The City may reduce or waive any of the above liquidated damages if it determines, in its sole discretion that such waiver is in the public interest.
ix. If a court of competent and binding jurisdiction determines that liquidated damages cannot be imposed by this Agreement, the foregoing liquidated damages shall be construed to be penalties to the full extent allowed and contemplated by paragraph 6 of Section 15.2-2108.22 of the Code of Virginia and shall apply via the liquidated damages procedures and limitations under this section.
(D) The amount of all liquidated damages assessed per annum shall not exceed ten thousand dollars ($10,000) in the aggregate.
(E) If after 120 days the Franchisee has not cured or commenced to cure the alleged breach to the satisfaction of the Franchising Authority, the Franchising Authority may pursue all other remedies aside from liquidated damages.
Appears in 1 contract
Samples: Cable Franchise Agreement
Penalties and Liquidated Damages. Because it may be difficult to calculate the harm to the Franchising Authority in the event of a Franchisee’s breach of this Franchise Agreement by FranchiseeAgreement, the parties agree to liquidated damages as a reasonable estimation of the actual damages. To the extent that the Franchising Authority elects to assess liquidated damages as provided in this Agreement and such liquidated damages have been paid, such damages shall be the Franchising Authority’s 's sole and exclusive remedy. Nothing in this Section is intended to shall preclude the Franchising Authority from exercising any other right or remedy with respect to a breach that continues past the time the Franchising Authority stops assessing liquidated damages for such breach. Liquidated damages shall not be assessed until the Franchising Authority has completed the procedures set forth in Section 12.7 12.2 hereof, including holding a public hearing, and has notified notifying the Franchisee, Franchisee by certified or registered mail, mail of the proposed liquidated damagedamages, specifying the violation at issueviolation. The Franchisee shall have thirty (30) days from the date of receipt of the written notice to submit payment. If the Franchisee does not make payment within that period, the Franchising Authority may obtain the amount assessed from the Franchisee’s 's performance bond.
12.8.1 (A) The first day for which liquidated damages may be assessed, if there has been no cure after the end of the applicable cure periodcure, shall be the day after the end of the applicable cure period, including any extension of the cure period granted by the Franchising AuthorityAuthority has granted.
12.8.2 (B) Franchisee may appeal (by pursuing judicial relief or other relief afforded by the Franchising Authorityrelief) any assessment of liquidated damages within thirty (30) days of receiving written notice of the assessment. Franchisee’s 's obligation to pay the liquidated damages assessed shall be stayed pending resolution of the appeal.
12.8.3 Liquidated (C) The Franchising Authority may assess liquidated damages may be assessed for the following violations of this Franchise Agreement, in the following amounts:
12.8.3.1 (i) Failure to comply with PEG access requirements: $200100 per violation for each day the violation continues.
(ii) Failure to render payments due to the Franchising Authority: $100 per violation for each day the violation continues, in addition to any monetary payment due.
(iii) Failure to supply information, reports, or filings lawfully required: $100 per violation for each day the violation continues.
(iv) Failure to comply with customer service standards: $100 per each violation for each day the violation continues, except where compliance is measured quarterly, in which case damages shall be as specified in Section 12.4(C)(v) below.
(v) Failure to comply with customer service standards with which compliance is measured on a quarterly basis: $300 for the first violation in which such standards were not met; $500 for any violation within 18 months after the first; and $750 for any violation within 18 months after the second or any subsequent violation.
(D) The Franchisee shall not be charged with multiple violations continues;for a single act or event affecting a single subscriber or for a single act or event affecting multiple subscribers on the same day.
(E) The parties agree that such liquidated damages are reasonable.
(F) The Town may reduce or waive any of the above liquidated damages if it determines, in its sole discretion that such waiver is in the public interest.
(G) The amount of all liquidated damages assessed per annum shall not exceed twenty thousand dollars ($20,000) in the aggregate.
(H) If after 120 days the Franchisee has not cured or commenced to cure the alleged breach to the satisfaction of the Franchising Authority, the Franchising Authority may pursue all other remedies aside from liquidated damages.
Appears in 1 contract
Samples: Cable Franchise Agreement
