Agmt00 RCN Telecom Services (now Astound)

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� � (c) The security fund may be assessed by Grantor for Franchise breaches, provided that Grantee has received written notice to cure any material violations prior to any assessment, in accordance with Section 3.8 herein. As long as the Grantor follows the procedures specified herein for assessing and/or withdrawing funds from said security fund, Grantee shall not initiate litigation or non-City administrative action to prevent or impair Grantor from accessing those funds. Grantee's recourse, in the event Grantee believes any taking of security funds is improper, shall be through legal action after the security has been drawn upon. If the Grantor's action or taking is found to be improper by any court or agency of competent jurisdiction, Grantee shall be entitled to a refund of the funds plus interest and/or any other award which such court or agency shall make. (d) Nothing herein shall be deemed a waiver of the normal permit and bonding requirements made of all contractors working within the City's Public Rights-of-Way. However, during construction of the System required by Section 5.1 and Exhibit "B" herein, the bonding requirements of paragraphs (a) and (b) above may be used by Grantee to satisfy any bonding requirements of Grantor permits. Subsequent to the time period designated for completion of the System construction indicated in Section 5.1, Grantee shall be responsible for satisfying any bonding requirements made of all contractors working within the City's Public Rights-of-Way. 3.8 Procedure for Remedying Franchise Violations (a) Grantor, by action of the City Manager or a delegate, shall first notify Grantee of the violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not 18 sh/RWC/Council AGMT-382 FXS/fs 08/02/00