(A) If the grantee shall fail to perform any obligation under the franchise, or fail to do so in a timely manner, the grantor, at its option and in its sole discretion, may:
(1) Assess against the grantee penalties of up to $5,000 per day for construction delays and up to $1,000 per day for all other violations, which the grantee hereby agrees to pay, such assessment to be levied against the security fund provided for in this chapter and collected by the grantor immediately upon such assessment. The grantor and grantee agree that the amount of such assessment shall be deemed, without proof, to represent the liquidation of damages actually sustained by the grantor by reason of the grantee's failure to perform. Such assessment shall not constitute a waiver by the grantor of any other right or remedy it may have under the franchise or under applicable laws, including, without limitation, its right to recover from the grantee such additional damages, losses, costs, and expenses, including reasonable attorney fees, as may have been suffered or incurred by the grantor by reason of, or arising out of, such breach of the franchise. Such provision for the assessment of damages is intended by the parties to be separate and apart from the grantor's right to enforce the provisions of the construction and compliance bonds provided for in §§ 112.060 through 112.064 of this chapter and is intended to provide compensation to the grantor for actual damages;
(2) For violations considered by the grantor to have materially degraded the quality of service, order and direct the grantee to issue rebates or reduce its rates and/or charges to subscribers in an amount solely determined by the grantor to provide monetary relief substantially equal to the reduced quality of service resulting from the grantee's failure to perform;
(3) Require the grantee to cure all defaults and breaches of its obligations pursuant to this chapter before the grantee is entitled to increase any rate or charge to subscribers pursuant to this chapter;
(5) No penalty shall be imposed by the grantor against the grantee for any violation of the franchise without the grantee being afforded due process of law as provided for in § 112.101 of this subchapter.
(B) The grantor, in its sole judgment and discretion, may impose any or all of the measures set forth in this section against the grantee, which shall be in addition to any and all other legal or equitable remedies the grantee has under the franchise or under any applicable law.
('65 Code, § 7-8.1201) (Ord. 244-C.S., passed - - )