If the grantee fails to perform any material obligation under the franchise, or fails to do so in a timely manner, the City may, at its option, bring civil action, and/or seek remedies as provided in franchise agreement. The City may:
1. Assess against the grantee monetary damages up to the limits established in the franchise agreement for material franchise violations, said assessment to be collected by City after completion of the procedures specified in Section 115.11 of this chapter. The amount of such assessment shall be deemed to represent liquidated damages actually sustained by City by reason of grantee’s failure to perform. Such assessment shall not constitute a waiver by the City of any other right or remedy it may have under the franchise or under applicable law, including without limitation, its right to recover from grantee such additional damages, losses, costs and expenses, including actual attorney fees, as may have been suffered or incurred by City by reason of or arising out of such breach of the franchise. This provision for assessment of damages is intended by the parties to be separate and apart from City’s right to enforce the provisions of the construction and performance bonds provided for in this chapter and is intended to provide compensation to City for actual damages.
2. Terminate the franchise, for any of the causes stated in this chapter.
3. No remedy shall be imposed by City against grantee for any violation of the franchise without grantee being afforded due process of law, as provided for in the franchise agreement.
4. If the grantee fails to perform any material obligations under the franchise, City may assess monetary damages against the grantee. Grantee shall be provided due process of law as provided in the franchise agreement and applicable local, State, Federal laws and FCC Rules and Regulations prior to any actual assessments of monetary damages.