1. Schedule of Liquidated Damages. Because Franchisee’s failure to comply with certain material provisions of this chapter and Chapter 115 will result in injury to the City or to subscribers, and because it will be difficult to estimate the extent of such injury, the City and Franchisee hereby agree that the liquidated damages and penalties stated in Chapter 115 represent both parties’ best estimate of the damages resulting from the specified injury.
2. Violations. For the violation of any of the following, the City shall notify Franchisee in writing of the violation. The City shall provide Franchisee with a detailed written notice of any Franchise violation upon which it proposes to take action, and there shall be a 30-day period within which Franchisee may demonstrate that a violation does not exist or to cure an alleged violation or, if the violation cannot be corrected in 30 days, submit a plan satisfactory to the City to correct the violation. If an alleged violation is proven to exist, following a duly noticed public hearing, and no cure or action on a plan acceptable to the City has been received by the City within 30 days, such liquidated damages shall be chargeable to the Letter of Credit as set forth in Chapter 115 if not tendered by Franchisee within 30 days. Franchisee may petition the Council for relief with just cause. The imposition of liquidated damages shall not preclude the City from exercising the other enforcement provisions of Chapter 115, including revocation, or other statutory or judicially imposed penalties. Liquidated damages may be imposed as follows:
A. For failure to complete construction or extend service in accordance with franchise: $100/day for each day the violation continues.
B. For failure to comply with requirements for public educational and government access: $100/day for each day the violation continues.
C. For failure to submit reports, maintain records, provide documents or information: $100/day for each day the violation continues.
D. For violation of customer service standards required by this chapter, Chapter 115, or by FCC regulation: $100/day per standard violated.
E. For violation of the books and financial records provisions of this chapter and Chapter 115: up to $100/day for each day the violation continues.
F. For violation of other material provisions of this chapter or Chapter 115: up to $100/day for each day the violation continues.