If the grantee fails to perform any material obligation under the franchise, or fails to do so in a timely manner, the grantor may at its option, and in its sole discretion:
A. 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 grantor after completion of the procedures specified in Section 7-11-46 of this Chapter. The amount of such assessment shall be deemed to represent liquidated damages actually sustained by grantor by reason of 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 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 grantor 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 grantor's right to enforce the provisions of the construction and performance bonds provided for in this Chapter and is intended to provide compensation to grantor for actual damages.
B. Terminate the franchise, for any of the causes stated in this Chapter.
C. No remedy shall be imposed by grantor against grantee for any violation of the franchise without grantee being afforded due process of law, as provided for in Section 7-11-46 of this Chapter.
D. If the grantee fails to perform any material obligations under the franchise, grantor may access monetary damages against the grantee. Grantee shall be provided due process of law as provided in Section 7-11-46 of this Chapter and applicable local, State, Federal laws and FCC Rules and Regulations prior to any actual assessments of monetary damages. Monetary damages may be assessed as follows:
1. Failure to furnish, maintain, or offer cable services to any potential subscriber within the existing cable TV system service area upon order of the grantor: two hundred dollars ($200.00) for any such occurrence.
2. Failure to obtain or file evidence of required insurance or other required financial security: three hundred dollars ($300.00) for any such occurrence.
3. Failure to provide access to data documents, records or reports to the grantor as required by this Chapter: one hundred dollars ($100.00) for any such occurrence.
4. Failure to comply with applicable construction, operation, or maintenance standards: three hundred dollars ($300.00) for any such occurrence.
5. Failure to comply with a rate decision or refund order under the FCC Rules and Regulations: five hundred dollars ($500.00) for any such occurrence.
Grantor may impose any or all of the above enumerated measures against grantee, which shall be in addition to any and all other legal or equitable remedies it has under the franchise or under any applicable law. (Ord. 3-95, 3-21-1995)