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� � <br /> (d) In the event the Council finds that a material violation exists <br /> and that Grantee has not corrected the same in a satisfactory manner or has not <br /> diligently commenced correction of such violation, the Council may impose <br /> liquidated damages, assessable from the security fund, of up to One Thousand <br /> Dollars ($1,000) per day or per incident, for unexcused violations of the System <br /> construction required herein, and up to Two Hundred Dollars ($200) per day or <br /> per incident for all other violations, provided that all violations of a similar nature <br /> occurring at the same time shall be considered one (1) incident. <br /> If the Grantor elects to assess liquidated damages, pursuant to the <br /> provisions of this Agreement, then such election shall constitute Grantor's <br /> exclusive remedy for a period of one hundred twenty (120) days from the date of <br /> the first imposition of any damages. Thereafter, if the Grantee remains in non- <br /> compliance with the requirements of this Agreement, the Grantor may pursue <br /> any available remedy, provided, however, that Grantor may institute revocation <br /> proceedings against Grantee only after declaration of default on the grounds set <br /> forth in Section 3.9 herein. <br /> 3.9 Grantor's Power to Revoke <br /> (a) Grantor may revoke the Franchise granted pursuant to this <br /> Agreement and rescind all rights and privileges associated with it in the following <br /> circumstances, each of which shall represent a default by Grantee and a material <br /> breach under the Franchise: <br /> (1) If Grantee fails to perForm any of its material <br /> obligations under this Agreement and continues such failure to perForm after <br /> receipt of due notice and a reasonable opportunity to cure; <br /> 20 <br /> sh/RWC/Council <br /> AGMT-382 <br /> FXS/fs <br /> 08/02/00 <br />