Common use of Procedure for Remedying Franchise Violations Clause in Contracts

Procedure for Remedying Franchise Violations. (a) The procedure for remedying Franchise violations or breaches shall be consistent with the procedures of Chapter 5.12 of the Calabasas Municipal Code. Grantor, by action of the City Manager or a delegate, shall first notify Grantee of the violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than fifteen (15) days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Agreement or Chapter 5.12 of the Calabasas Municipal Code, and thirty (30) days in all other cases. If Grantee fails to demonstrate that a violation has not occurred, or to correct the violation within the time prescribed, or if Grantee fails to commence corrective action within the time prescribed and diligently remedy such violation thereafter, or if the violation is not correctable, the Grantee shall then be given written notice of not less than thirty (30) days of a hearing to be held before the Council. Said notice shall specify the violations alleged to have occurred. (b) At the hearing, the Council shall hear and consider all relevant evidence, and thereafter render written findings and its written decision. The hearing shall provide Grantee with the full opportunity to participate and present evidence. (c) In the event the Council finds that no material violation exists, or that Grantee has corrected the violations, or has diligently commenced correction of such violation after notice thereof from Grantor and is diligently proceeding to fully remedy such violation, the proceedings shall terminate and no penalty or other sanction shall be imposed. In determining whether a violation is material, Grantor shall take into consideration the reliability of the evidence of the violation, the nature of the violation and the damage (if any), caused to the Grantor thereby, whether the violation was chronic, and any justifying or mitigating circumstances and such other matters as the Grantor may deem appropriate. (d) In the event the Council finds that a material violation exists and that Grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation, the Council may impose liquidated damages, assessable from the security fund, of up to Five Hundred Dollars ($500) per day or per incident, for unexcused violations of the system upgrade herein, and up to Two Hundred Dollars ($200) per day or per incident for all other violations, provided that all violations of a similar nature occurring at the same time shall be considered one (1) incident. If the Grantor elects to assess liquidated damages, pursuant to the provisions of this Franchise Agreement, then such election shall constitute Grantor's exclusive remedy for a period of one hundred twenty (120) days. Thereafter, if the Grantee remains in non-compliance with the requirements of the Franchise Agreement, the Grantor may pursue any available remedy, provided, however, that Grantor may institute revocation proceedings against Grantee only after declaration of default on the grounds set forth in Section 5.12.410 of the Calabasas Municipal Code.

Procedure for Remedying Franchise Violations. (a) The procedure for remedying Franchise violations or breaches shall be consistent with the procedures of Chapter 5.12 of the Calabasas Municipal Codeas follows. Grantor, by action of the City Manager or a delegate, shall first notify Grantee of the violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than fifteen (15) calendar days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Agreement or Chapter 5.12 of the Calabasas Municipal CodeAgreement, and thirty (30) calendar days in all other cases. If Grantee fails to demonstrate that a violation has not occurred, or to correct the violation within the time prescribed, or if Grantee fails to commence corrective action within the time prescribed and diligently remedy such violation thereafter, or if the violation is not correctable, the Grantee shall then be given written notice of not less than thirty (30) days of a hearing to be held before the Council. Said notice shall specify the violations alleged to have occurred. (b) At the hearing, the Council shall hear and consider all relevant evidence, and thereafter render written findings and its written decision. The hearing shall provide Grantee with the full opportunity to participate and present evidence. (c) In the event the Council finds that no material violation exists, or that Grantee has corrected the violationsviolation, or has diligently commenced correction of such violation after notice thereof from Grantor and is diligently proceeding to fully remedy such violation, the proceedings shall terminate and no penalty or other sanction shall be imposed. In determining whether a violation is material, Grantor shall take into consideration the reliability of the evidence of the violation, the nature of the violation and the damage (if any), caused to the Grantor thereby, whether the violation was chronic, and any justifying or mitigating circumstances and such other matters as the Grantor may deem appropriate. (d) In the event the Council finds that a material violation exists and that Grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation, the Council may impose liquidated damages, assessable from the security fund, of up to Five Hundred Dollars ($500) per day or per incident, for unexcused violations of the system upgrade herein, and up to Two Hundred Dollars ($200) per day or per incident for all other violations, provided that all violations of a similar nature occurring at the same time shall be considered one (1) incidenteach violation. If the Grantor elects to assess liquidated damages, pursuant to the provisions of this Franchise Agreement, then such election shall constitute Grantor's exclusive remedy for a period of one hundred twenty ninety (12090) days. Thereafter, if the Grantee remains in non-compliance with the requirements of the Franchise Agreement, the Grantor may pursue any available remedy, provided, however, that Grantor may institute revocation proceedings against Grantee only after declaration of default on the grounds set forth in Section 5.12.410 of the Calabasas Municipal Code. (e) Grantee reserves the right to appeal the findings of the City Council to a court of competent jurisdiction. Any Grantee appeal must be made within sixty (60) days of the issuance of the written decision by the City Council.