Ord84 1892 - Laserfiche WebLink

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CGM:djg-c 1/28/83 CGM: j-C 9/14/83R CGM:ú.Jg-c 9/20/83R CGM:djg-c 10/l0/83R CGM:rb 11/01/83R CGM:rb 12/27/83R CGM:djg-c 01/23/84R DES:rb 01/23/84R the franchise may impose all or anyone of the following remedies: (a) Assess against the Grantee penalties of up to Five Hundred Dollars ($500) per day for construction delays, and up to Two Hundred Fifty Dollars ($250) per day for all other violations, which the Grantee hereby agrees to pay, which assessment shall be levied against the security fund hereinabove provided, and collected by Grantor immediately upon said assessment. Grantor and Grantee agree that the amount of such assessment shall be deemed, without proof, to represent liquidation of damages sustained by Grantor by reason of Grantee's failure to perform. Such assessment shall not constitute a waiver by the Grantor of any other right or remedy it may have under the franchise or under applicable law, including without limitation, its right to recover from Grantee such additional damages, losses, costs and expenses, including actual attorney fees, as may have been suffered or incurred by Grantor by reason of or arising out of such breach of the franchise. This provision for assessment of damages is intended by the parties to be separate and apart from Grantor's right to enforce any provisions of a construction and performance bond or compliance bond. (b) For violations considered by Grantor to have materially degraded the quality of service, order and direct Grantee to issue rebates or reduce its rates and/or charges to subscribers, in an amount solely determined by Grantor to provide monetary relief substantially equal to the reduced quality of service resulting 19 ._.. --