In addition to any other rights set out elsewhere in this franchise, the city reserves the right to declare a forfeiture of the franchise, subject to a 45-day right to cure, and all of the franchisee’s rights arising thereunder in the event that the franchisee violates any material provision of the franchise, including, but not limited to, failing to pay or any suspension of the franchisee’s payments of franchise fees to the city under this franchise, failure by the franchisee to submit timely reports regarding the calculation of its gross revenues-based franchise fees to the city, failure to maintain the liability insurance and/or bonds required under this franchise, or failure to comply with all other state, federal or local laws as set forth in this franchise. All remedies and penalties under this chapter, including termination of the franchise, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other such remedy or penalty. The remedies and penalties contained in this chapter, including termination of the franchise, are not exclusive, and the city reserves the right to enforce the penal provisions of any ordinance or resolution, and to avail itself of any and all remedies available at law or in equity. Failure to enforce shall not be construed as a waiver of a breach of any term, condition or obligation imposed upon the franchisee by, or pursuant to, this chapter. A specific waiver of a particular breach of any term, condition or obligation imposed upon the franchisee by, or pursuant to, this chapter, or the acceptance of any payment due, shall not be waiver of any other or subsequent or future breach of the same or of any other term, condition or obligation itself.
(Ord. 2022-07-01, passed 8-9-2022)