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9.2.4 <br /> <br />9.2.5 <br /> <br />9.2.6 <br /> <br />9.2.7 <br /> <br />9.2.3.5 For Grantee's breach of any written contract or agreement with or to the <br /> City or the Commission, the penalty shall be $250.00 per day for each day, <br /> or part thereof, such breach occurs or continues. <br /> <br />9.2.3.6 For failure to comply with any of the provisions of this Franchise, or other <br /> City ordinance for which a penalty is not otherwise specifically provided <br /> pursuant to this subsection 9.2.3, the penalty shall be $250.00 per day for <br /> each day, or part thereof, such failure occurs or continues. <br /> <br />Each violation of any provision of this Franchise shall be considered a separate <br />violation for which a separate penalty can be imposed. <br /> <br />Whenever the City or the Commission determines that the Grantee has violated <br />one or more terms, conditions or provisions of this Franchise, or for any other <br />violation contemplated in subsection 9.2.3 above, a written notice shall be given <br />to Grantee informing it of such violation. At any time after thirty (30) days (or <br />such longer reasonable time which, in the determination of the City or the <br />Commission, is necessary to cure the alleged violation) following local receipt of <br />notice, provided the Grantee remains in violation of one or more terms, conditions <br />or provisions of this Franchise, in the sole opinion of the City the City may draw <br />from the Letter of Credit all penalties and other monies due the City from the date <br />of the local receipt of notice. <br /> <br />Whenever the Letter of Credit is drawn upon, the Grantee may, within seven (7) <br />days of the withdrawal, notify the City in writing that there is a dispute as to <br />whether a violation or failure has in fact occurred. Such written notice by the <br />Grantee to the City shall specify with particularity the matters disputed by <br />Grantee. All penalties shall continue to accrue and the City may continue to draw <br />from the Letter of Credit during any appeal pursuant to this subparagraph 9.2.6. <br /> <br />9.2.6.1 <br /> <br />City or the Commission shall hear Grantee's dispute within sixty (60) <br />days and the City shall render a final decision within sixty (60) days <br />thereafter. <br /> <br />9.2.6.2 <br /> <br />Upon the determination of the City that no violation has taken place, the <br />City shall refund to Grantee, without interest, all monies drawn from the <br />Letter of Credit by reason of the alleged violation. <br /> <br />If said Letter of Credit or any subsequent Letter of Credit delivered pursuant <br />thereto expires prior to thirty (30) months after the expiration of the term of this <br />Franchise, it shall be renewed or replaced during the term of this Franchise to <br />provide that it will not expire earlier than thirty (30) months after the expiration <br />of this Franchise. The renewed or replaced Letter of Credit shall be of the same <br />form and with a bank authorized herein and for the full amount stated in <br />subsection 9.2.1 of this Section. <br /> <br />45 <br /> <br /> <br />