A. Damages for franchise violations. If the grantee fails to perform any obligation under the franchise agreement, or fails to do so in a timely manner, the grantor may require, as liquidated damages, that the following sums may be assessed after full compliance with the procedures detailed in Subsection B:
(1) For failure to adhere to system construction milestones in accordance with the plan included in the franchise agreement, unless the grantor specifically approves the modification due to the occurrence of conditions beyond grantee's control, grantee shall pay $250 per day for each day, or part thereof, that the time schedule is not met.
(2) For failure to provide upon request of the grantor, data, documents, reports or information as specified herein grantee shall pay $250 per day for each day, or part thereof, each violation occurs or continues.
(3) For failure to test, analyze and report on the performance of the system following a request pursuant to the franchise, as specified herein, the grantee shall pay to the grantor $250 per day for each day, or part thereof, that such noncompliance continues.
(4) For failure to comply with operational, performance or maintenance standards as specified herein, grantee shall pay to the grantor $250 per day for each day, or part thereof, that such noncompliance continues.
(5) For failure to provide channels, equipment, and capital funding for access channels as required in the franchise agreement with the grantor, the grantee shall pay $250 per day for each day, or part thereof, that such noncompliance continues.
(6) For failure to pay the franchise fee on time, the grantee shall pay 1% per month of the franchise fee due and owing if payment is late.
(7) No liquidated damages shall be assessed if the violation occurs without fault of the grantee or occurs as a result of circumstances beyond its control. The grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.
(8) Subject to Subsection B, the grantor may terminate the franchise, for any of the causes stated in § 166-104G.
(9) No such liquidated damages shall be imposed by the grantor against grantee for any violation of this franchise without the grantee being afforded the procedures provided for in Subsection B.
B. Procedure for remedying franchise violations. In the event that the grantor determines that the grantee has violated any provision of the franchise agreement, any rule or regulation promulgated pursuant hereto or any applicable federal, state, or local law, the grantor shall make a written demand on the grantee that it remedy such violation. If the violation, breach, failure, refusal, or neglect is not remedied to the satisfaction of the grantor within 30 days following the receipt of such demand, the grantor shall determine whether or not such violation, breach, failure, refusal, or neglect by the grantee was excusable or inexcusable, in accordance with the following procedure, which shall be conducted so as to provide the grantee with notice of the alleged violation and an opportunity to respond:
(1) A televised public hearing shall be held and the grantee shall be provided with an opportunity to be heard upon 30 days' written notice to the grantee of the time and the place of the hearing provided and the allegations of franchise violations. A permanent record of this hearing shall be kept.
(2) If, after notice is given and at the grantee's option, a full public proceeding is held, the grantor determines that such violation, breach, failure, refusal, or neglect by the grantee was excusable as provided in Subsection C below, the grantor shall direct the grantee to correct or remedy the same within such additional time, in such manner and upon such terms and conditions as the grantor may direct.
(3) If, after notice is given and at the grantee's option a full public proceeding is held, the grantor determines that such violation, breach, failure, refusal or neglect was inexcusable, then the grantor may assess a penalty or remedy in accordance with Subsection A above.
(4) If, after notice is given, and at the grantee's option, a full public proceeding is held, the grantor declares the franchise or any renewal thereof breached, the parties may pursue their remedies pursuant to the franchise or any other remedy, legal or equitable.
C. Force majeure; grantee's inability to perform. In the event the grantee's performance of any part of the terms, conditions, obligations, or requirements of the franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof. Such causes beyond the grantee's reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of God and civil emergencies.