The village shall be entitled to be paid liquidated damages and may draw upon the security fund, performance bond or letter of credit for the same as follows:
(A) For failure to complete initial system construction and for all other construction or activation obligations of a franchisee, including, without limitation, upgrades of the system or provide services, equipment or personnel in accordance with §§ 113.052, 113.072, 113.076 or 113.079, unless the Village Council specifically approves the delay by motion or resolution, due to the occurrence of conditions beyond the franchisee's control $2,500 per day for each day or part thereof the deficiency continues;
(B) For failure to provide dates, documents, reports, information as required by §§ 113.106, 113.125 and 113.132, $50 per day each violation occurs or continues;
(C) For failure to test, analyze and report on the performance of the system following a request pursuant to § 113.087, $50 per day for each day, or part thereof, that such noncompliance continues;
(D) For failure to restore the cash deposit as required in § 113.126 within the specified ten days, $50 per day for each day, or part thereof, that such violation continues;
(E) For failure to comply, after 30 days notice by the Village Engineer with the standards set forth in § 113.087, $100 per day for each day, or part thereof, that such violation continues, unless the penalty is waived by the Village Council upon a showing by a franchisee that it has made a reasonable effort to correct the deficiency but has been unable to do so, due to the occurrence of conditions beyond its control;
(F) Except as otherwise provided in § 113.180, for any other violation or default under the franchise agreement or this chapter, $100 per day for each day that such violation or default continues.
(Ord. passed - -)