4.20.109.1   Requirement of notice and opportunity to cure—Reason for suspension of requirement.
   4.20.109.1.1.   The cable administrator shall provide notice and opportunity to cure for any time or performance requirement, or breach of, a term or condition of such franchise, of this cable service provider ordinance, or of any federal, state, or local law or regulation which the cable administrator deems sufficient to warrant assessment of liquidated damages. Force majeure is a defense to the application of this section.
   4.20.109.1.2.   Notice and the opportunity to cure shall be in writing, sent by certified mail, return receipt requested, to the franchisee's local place of business or any other place reasonably calculated to provide such notice to the franchisee. The franchisee will be deemed to have cured any default and shall not be subject to the assessment of liquidated damages if the franchisee commences to cure such default within fifteen (15) days from the receipt of the city's written notice and completes such cure within thirty (30) days following commencement or, if such default cannot reasonably be cured within said thirty (30) day period, the franchisee commences to cure such default within fifteen (15) days from receipt of the city's written notice and diligently prosecutes such cure to completion within sixty (60) days thereafter.
   4.20.109.1.3.   A Notice of Intention to Assess Liquidated Damages may be issued concurrently with a Notice to Cure. If a notice of intention to assess liquidated damages is issued concurrently with a notice to cure, the franchisee understands and agrees that liquidated damages will be accruing at the end of the opportunity to cure period. The notice of intention to assess liquidated damages shall set forth the basis of the assessment, and shall inform the franchisee that liquidated damages will be assessed from the date of the notice, or the end of the opportunity to cure period, whichever is later.
   4.20.109.1.4.   If the franchisee desires to appeal the cable administrator's assessment of liquidated damages, it may do so in accordance with Section 4.20.103. (Ord. 205 § 3, 2001)