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Agmt06 Comcast of California
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Agmt06 Comcast of California
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Last modified
6/1/2020 8:31:17 AM
Creation date
3/4/2006 8:33:26 AM
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Template:
Agreement
Contractor Name
Comcast of California IX
PROJECT NAME
francise agreement
RMP File Number
304
Date
3/1/2006
MO Ref
06-010
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<br />v. <br /> <br />V1. <br /> <br />V11. <br /> <br />violation, or to file a written response refuting the alleged violation or <br />explaining why additional time for cure is necessary. The time to cure <br />will be specified by City and will be based on the nature ofthe violation <br />and the complexity of the cure required, but in no case will be more than <br />thirty (30) days, except for those violations which are not curable, or <br />which are repeated or ongoing violations for which an opportunity to cure <br />has already been provided. <br /> <br />111. <br /> <br />The City may not assess any liquidated damage if the Grantee has <br />reasonably responded to the complaint and cured or commenced to cure, <br />as may be appropriate, the violation within the time frame provided in the <br />notice or within such other reasonable time, as agreed upon by the parties. <br />In the event Grantee fails to cure or commence to cure, or fails to refute <br />the alleged breach, the City may assess liquidated damages and shall <br />inform Grantee in writing of the assessment. Grantee shall have thirty (30) <br />days to pay the damages assessed. Subject to Section 8.1 (a), if Grantee <br />does not pay the damages assessed within thirty (30) days, the City in its <br />sole discretion may collect the damages from the performance bond. <br /> <br />IV. <br /> <br />Notwithstanding any cure period, liquidated damages shall begin to accrue <br />as of the date of the notice provided pursuant to Section 8. I (c)(ii), <br />provided that, accrual of liquidated damage shall be tolled during a <br />reasonable investigation period or no more than thirty (30) days if Grantee <br />has filed a written response refuting the violation pursuant to Section <br />8. I (c)(ii). <br /> <br />Grantee may appeal (by pursuing judicial relief or other relief afforded by <br />the City) any assessment of liquidated damages within thirty (30) days of <br />receiving written notice of the assessment. Grantee's obligation to pay the <br />liquidated damages assessed shall be stayed pending resolution of the <br />appeal, but shall continue to accrue until and unless the violation has been <br />cured, up to the cap provided in Section 8. I (c)(vi). <br /> <br />In no event may liquidated damages be assessed for a time period <br />exceeding one hundred twenty (120) days. If after that amount of time <br />Grantee has not cured or commenced to cure the alleged breach to the <br />satisfaction of the City, the City may pursue all other remedies. <br /> <br />Pursuant to the requirements outlined in the foregoing sections, liquidated <br />damages shall not exceed the following amounts: <br /> <br />1. <br /> <br />For failure to extend Cable Service within the Franchise Area as <br />required by this Franchise: Seventy-five Dollars ($75) per day. <br /> <br />31 <br />
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