Remedies for Franchise Violations Sample Clauses

Remedies for Franchise Violations. (A) In addition to any rights set out elsewhere in this Franchise, or such other rights as it may possess, the City reserves the right at its discretion to apply any of the following remedies, alone or in combination, in the event Grantee violates any material provision of this Franchise. (1) Recover liquidated damages as provided in Section 19.1(C); (2) Recover specific damages from all or any part of the security provided pursuant to this Franchise, including without limitation any performance bond, letter of credit or other security, provided, however, the assessment shall be for such amount as the City reasonably determines is necessary to remedy the violation; (3) Commence litigation seeking recovery of monetary damages or specific performance of this Franchise, as such remedy may be available; (4) Reduce the duration of the term of this Franchise on such basis as is reasonable provided that in no event shall the amount of the term remaining after the reduction be less than three (3) years; or (5) Revoke this Franchise. (1) Grantee shall not be relieved of its obligations to comply promptly with this Franchise by reason of any failure of the City to enforce prompt compliance. The City’s failure to enforce shall not constitute a waiver of any term, condition, or obligation imposed upon the Grantee under this Franchise; nor a waiver of rights by the City or acquiescence in Grantee’s conduct. A specific waiver of a particular term, condition, or obligation imposed upon Grantee under this Franchise shall not be a waiver of any other or subsequent or future breach of the same or of any other term, condition or obligation. The acts or omissions of Affiliates are not beyond the Grantee’s control, and the knowledge of Affiliates shall be imputed to Grantee. (2) Subject to applicable law, the remedies provided for in this Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another remedy, or the exercise of any available rights of the City at law or equity. (3) No cost or liability to Grantee arising from a breach or violation of this Franchise shall be recovered from Subscribers or be offset against any other sums due to the City as a tax, Franchise Fee or otherwise regardless of whether the combination of Franchise Fees and said costs exceeds five percent (5%) of Grantee’s Gross Revenues in any twelve (12) month period.

Remedies for Franchise Violations. In addition to any other remedies as specified in this Franchise, the Grantor has the right to and may impose penalties not to exceed $100, per incident, not to exceed a total of $2,500 per year, and $10,000 throughout the life of the franchise, in the event Grantee violates any material provision of this Franchise Agreement, subject to Section 7.4(c), below. For purposes of this Section, the term “per incident” means a single occurrence of a violation without regard to number of customers.

Remedies for Franchise Violations a) If Grantor believes that Grantee has failed to perform any obligation under this Agreement or has failed to perform in a timely manner, Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged violation. The date of the violation will be the date of the event and not the date Grantee receives notice of the violation except in cases where Grantee did not know and could not reasonably have been expected to know that a violation occurred, in which case penalties shall accrue from the date Grantee knew or should have known of the violation. Without limiting the foregoing, Grantee is presumed to know whether it violated a customer service standard that is measured based upon aggregate performance. Grantee shall have thirty (30) calendar days from the date of receipt of such notice to: 1) Respond to Grantor, contesting Grantor’s assertion that a violation has occurred, and request a hearing in accordance with subsection (e) below, or; 2) Cure the violation, or; 3) Notify Grantor that Grantee cannot cure the violation within the thirty

Remedies for Franchise Violations. (A) In addition to any rights set out elsewhere in this Franchise, or such other rights as it may possess, the County reserves the right at its discretion to apply any of the following remedies, alone or in combination, in the event Grantee violates any material provision of this Franchise. In determining which remedy or remedies are appropriate, the County shall consider the nature of the violation, the Persons burdened by the violation, the nature of the remedy required in order to prevent further violations, and any other matters the County deems appropriate. (1) Impose reasonable penalties, up to $1,000 per day, incident or other measure of violation; (2) To the extent authorized by law, require Grantee to reduce its rates and charges by such amount or amounts as is reasonable in light of the violation; (3) To the extent authorized by law, require Grantee to make payments or grant refunds to its Subscribers or Subscriber Classes in such amounts, and on such bases as are reasonable relative to damages sustained by Subscribers, for violations relating to Subscriber service. At Grantee's option, such payments or refunds may be made in the form of a credit against Subscriber service bills. For purposes of this Subsection, “Subscriber Class” means any group of actual or potential Subscribers identified by the Grantee on the basis of specified characteristics for the purpose of providing, marketing or establishing any combination or package of Cable Services, rates or charges, or for the purpose of providing or directing customer services or marketing in any form;