A. Subject to the limitations in subsections B, C and D below, in the event the Licensee or the Village fails to fulfill any of their respective obligations under this Chapter the Village or the Licensee, whichever the case may be, will have claims for breach of contract and specific performance against the other in addition to any other remedy provided under this Chapter or otherwise provided by law, except that no remedy that would have the effect of amending the specific provisions of this Chapter shall become effective without such action as would be necessary to formally amend the Chapter.
B. In the event that the Licensee violates any terms of this Chapter for conduct that is subject to the exclusive jurisdiction of a competent authority other than the Village, the sole remedy for such violation shall be before that other competent authority. For purposes of determining the applicability of this subsection B, no provision of this Chapter may be used as the sole basis to defeat the exclusive jurisdiction of such competent authority.
C. In the event that the Licensee violates any term of this Chapter for conduct that is also a violation of another applicable Village ordinance, the Licensee shall be subject to remedies under that other ordinance plus ordinary contract remedies under this Chapter. Licensee shall not be subject to be fined under both subsection F of this Section and another ordinance of the Village for the same conduct.
D. Subject to the limitation of subsection B of this Section, at the option of the Village, upon the finding by the Village that the Licensee has failed or refused to observe any terms and conditions of this Chapter, the Village may notify the Licensee in writing of the terms and conditions which it has not observed. The notice shall inform the Licensee of the actions which the Licensee must take to correct the violation and shall grant the Licensee a reasonable period of time to cure such failure or violation. In the case of an emergency, the notice need not be made in writing. If a competent authority other than the Village has determined that the action giving rise to the Village's notice constituted a violation of an applicable rule, regulation or order of such competent authority, then the cure period granted by the Village shall be no less than the cure period ordered by such competent authority. If the Licensee does not eliminate or correct such failure or violation in accordance with the notice, the Licensee's rights under this Chapter may be forfeited or the Licensee may be subjected to any other remedies afforded by this Chapter, including the assessment of fines.
E. In the event that a competent authority revokes or suspends any license, certificate or other authorization held by the Licensee for the purpose of either operating any portion of its utility facilities within the Village or providing electrical service within the Village, then the Licensee's rights under this Chapter shall likewise be revoked or suspended, without further notice from the Village. The Licensee's rights under this Chapter shall be reinstated 1) if the competent authority rescinds its revocation or suspension; 2) if the revocation or suspension order is overturned upon review by a competent authority; 3) if the competent authority reinstates the Licensee's license; or 4) if the suspension expires of its own terms. The original termination date of this Chapter shall not be affected if the rights forfeited under this Chapter are reinstated as provided herein.
F. If, after failing to correct a violation of the terms and conditions of this Chapter in accordance with the notice issued to the Licensee under subsection D of this Section, the Licensee is found guilty of violating any provision of this Chapter for which the Village is a competent authority, then the Licensee shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 92-26, 11-18-92)