(a) Notice. Whenever the Village believes that the Grantee has violated one (1) or more material terms, conditions or provisions of this franchise, and wishes to impose liquidated damages, a written notice shall be given to the Grantee informing it of such alleged violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford the Grantee an opportunity to remedy the violation. The Grantee shall have thirty (30) days subsequent to receipt of the notice in which to correct the violation before the Village may impose liquidated damages unless the violation is of such a nature so as to require more than thirty (30) days and the Grantee proceeds diligently within the thirty (30) days to cure the violation in which case the Grantee must proceed diligently within the thirty (30) days to correct the violation, or as promptly as possible thereafter to correct the violation. In any case where the violation is not cured within sixty (60) days from notice from the Village, or such other time as the Grantee and Village may mutually agree to, the Village may proceed to impose liquidated damages.
(b) Dispute of Violation. The Grantee may, within ten (10) days of receipt of notice notify the Village that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by the Grantee to the Village shall specify with particularity the matters disputed by the Grantee and shall stay the running of the thirty (30) day cure period pending Council decision as required below. The Village Council shall hear the Grantee's dispute. Grantee must be given at least five (5) days notice of the hearing. At the hearing, the Grantee shall be entitled to the right to present evidence and the right to be represented by counsel. After the hearing, the Village Manager shall provide Grantee with a written copy of the Village Council's action, along with supporting documents. In the event the Village Council votes to uphold the finding of a violation the Grantee shall have thirty (30) days subsequent, or such other time period as the Grantee and the Village may mutually agree, to such determination to correct the alleged violation.
(c) Reservation of Rights. The rights reserved to the Village under this section are in addition to all other rights of the Village whether reserved by this franchise or authorized by law or equity, and no action, proceeding or exercise of a right with respect to liquidated damages shall affect any other right the Village may have. In addition, any payments made to the Village pursuant to this section shall not be considered franchise fees under the Cable Act or any other applicable law, nor shall such payments be offset against any other requiem payments required.
(d) Force Majeure. The Village shall stay or waive the imposition of any liquidated damages set forth above upon a finding that any failure or delay is a result of an act of God or due to circumstances beyond the reasonable control of the Grantee.
(Ord. 02-016. Passed 1-13-03.)