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4.20.126.5   City’s rights with respect to letter of credit are in addition to other rights.
The rights reserved to the city with respect to the letter of credit are in addition to all other rights of the city whether reserved by the franchise agreement, the ordinance codified in this title or authorized by law, and no action or proceeding against a letter of credit shall affect any other rights the city may have provided that if the city elects to assess liquidated damages against the franchisee, such liquidated damages shall constitute the exclusive monetary remedy available to the city; and the city shall be entitled to no other monetary damages with the exception of claims sounding in fraud or tort. (Ord. 205 § 3, 2001)
Article XXVIII Continuity of Service Standards.
4.20.127   Continuity of service standards.
Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.” (Ord. 205 § 3, 2001)
4.20.127.1   Franchisee shall act so as to assure that all subscribers receive continuous service.
It shall be the right of all subscribers to continue receiving cable service insofar as their financial and other obligations to a franchisee are honored, and the city may require continuous service to the subscribers in accordance with the terms of the franchise agreement throughout the entire period thereof. In the event that a franchisee elects to rebuild, modify or sell the cable system, or the city gives notice of intent to terminate or fails to renew a franchise, a franchisee shall provide continuous service to all subscribers. In the event of a change of franchisee’s, or in the event a new franchisee acquires the cable system, the former franchisee shall cooperate with the city, new franchisee or operator in maintaining continuity of cable service to all subscribers. During such period, a franchisee shall be entitled to the revenues for any period during which it operates the cable system, less any amount owed to the city under, or as may be required by, the franchise agreement. (Ord. 205 § 3, 2001)
4.20.127.2   Uninterrupted cable system signals.
The franchisee shall ensure that service interruptions to services do not exceed the specifications permitted by the ordinance codified in this title or the franchise agreement. Failure to correct a service interruption within forty-eight (48) hours of the initial interruption shall be grounds for termination of the franchise agreement. (Ord. 205 § 3, 2001)
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