AG 1998 02 16 - Laserfiche WebLink

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bond and performance bond to the County within thirty (30) days of the effective date of this Franchise. The County shall certify that the rebuild is completed. Upon receipt of such certification, the Franchisee may reduce the bond. The performance bond should be maintained during the life of the Franchise, to guarantee the faithful performance of all its obligations under this Franchise and the Ordinance. XX. REGULATION Regulatory Authority. The County shall exercise appropriate regulatory authority under the provisions of the Ordinance and this Franchise Agreement. Regulation may be exercised through any duly designated County office or duly established Board or Commission or other body of the County. XXI. REM~ED/ES - LIQUIDATED DAMAGES A. Schedule of Liquidated Damages. Because Franchisee's failure to comply with certain material provisions of this Agreement and the Cable Ordinance will result in injury to the County or to subscribers, and because it will be difficult to estimate the extent of such injury, the County and Franchisee hereby agree that the liquidated damages and penalties stated in the Cable Ordinance represent both parties' best estima, te of the damages resulting from the specified injury. B. Violations. For the violation of any of the following, the County shall notify Franchisee in writing of the violation. The County shall provide Franchisee with a detailed written notice of any franchise violation upon which it proposes to take action, and a ninety (90) day period within which Franchisee may demonstrate that a violation does not exist or to cure an alleged violation or, if the violation cannot be corrected in ninety (90) days, to submit a plan satisfactory to the County to correct the violation. If an alleged violation is proven to exist, and no cure or action on a plan acceptable to the County has been received by the County within ninety (90) days, such liquidated damages shall be chargeable to the performance bond as set forth in the Ordinance if not tendered by Franchisee within thirty (30) days. Franchisee may petition the County Commission for relief with just cause. The imposition of liquidated damages shall not preclude the County from exercising the other enforcement provisions of the Cable Ordinance, including revocation, or other statutory or judicially imposed penalties. Liquidated damages may be imposed as follows: for failure to complete construction, construct the institutional network, or extend service in accordance with Franchise: $200/day for each day the violation continues; 2. for failure to comply with requirements for educational and government