Laserfiche WebLink
its Franchise obligations and upon the further condition that in the event the <br /> Grantee shall fail to comply with any law, ordinance or regulation <br /> governing the Franchise, there shall be recoverable jointly and severally from <br /> the principal and surety of the bond any damages or loss suffered by the <br /> Commission or City as a result, including the full amount of any compensation, <br /> indemnification or cost of removal or abandonment of any property of the <br /> Grantee, plus a reasonable allowance for attorneys' fees and costs,up to the full <br /> amount of the bond, and further guaranteeing payment by the Grantee of <br /> claims, liens and taxes due the City or the Commission which arise by reason of <br /> the construction, operation, or maintenance of the System. The rights reserved <br /> by the City and the Commission with respect to the bond are in addition to all <br /> other rights the City may have under the Franchise or any other law. The City <br /> may, from year to year, in its sole discretion,reduce the amount of the bond. <br /> 9.1.2 The time for Grantee to correct any violation or liability shall be extended by <br /> City if the necessary action to correct such violation or liability is, in the <br /> sole determination of City, of such a nature or character as to require more than <br /> thirty (30) days within which to perform, provided Grantee provides written <br /> notice that it requires more than thirty (30) days to correct such violations or <br /> liability, commences the corrective action within the thirty (30)-day cure <br /> period and thereafter uses reasonable diligence to correct the violation or <br /> liability. <br /> 9.1.3 In the event this Franchise is revoked by reason of default of Grantee, City <br /> shall be entitled to collect from the performance bond that amount which is <br /> attributable to any damages sustained by City as a result of said default or <br /> revocation. <br /> 9.1.4 Grantee shall be entitled to the return of the performance bond, or portion <br /> thereof, as remains sixty (60) days after the expiration of the term of the <br /> Franchise or revocation for default thereof, provided City or the Commission has <br /> not notified Grantee of any actual or potential damages incurred as a result of <br /> Grantee's operations pursuant to the Franchise or as a result of said default. <br /> 9.1.5 The rights reserved to City or Commission with respect to the performance <br /> bond are in addition to all other rights of City or Commission whether reserved <br /> by this Franchise or authorized by law, and no action, proceeding or exercise of <br /> a right with respect to the performance bond shall affect any other right City or <br /> the Commission may have. <br /> 92. Letter of Credit. <br /> 9.2.1 Within 30 days of the Effective Date, the Grantee shall deliver to the <br /> Commission an irrevocable and unconditional Letter of Credit, in a form and <br /> substance acceptable to the Commission, from a National or State bank <br /> approved by the Commission,in the amount of$25,000.00. <br /> 9.2.2 The Letter of Credit shall provide that funds will be paid to the City upon written <br /> demand of the City, and in an amount solely determined by the City in payment <br /> 35 <br /> 489232v1 R V QU210-6 <br />