If grantee fails to perform in a timely manner any material obligation required by this section or a franchise granted hereunder, following notice from the grantor and an opportunity to cure such nonperformance in accordance with the provisions of this subchapter of this chapter and the franchise, grantor may at its option and in its sole discretion:
(A) Cure the violation and recover the actual cost thereof from the security fund established herein if-such violation is not cured within 30 days after written notice to the grantee of grantor's intention to cure and draw upon the security fund;
(B) Assess against grantee liquidated damages in an amount set forth in the franchise agreement for any such violations(s) if such violation is not cured, or if grantee has not commenced a reasonable plan to cure the violation(s), on a schedule acceptable to grantor, within 30 days after written notice to the grantee of grantor's intention to assess liquidated damages. Such assessment may be withdrawn from the security fund, and shall not constitute a waiver by grantor of any other right or remedy it may have under the franchise or applicable law.
(Ord. 912, passed 6-8-00)