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0840
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SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS <br />Performance Bond. <br />a. Within 30 days of the Effective Date of this Franchise, the Grantee shall deliver to <br />the Commission a bond, that is effective as of the Effective Date and at all times <br />thereafter, until the Grantee has liquidated all of its obligations with City, the <br />Grantee shall furnish a bond to Commission in the amount of $500,000.00 in a <br />form and with such sureties as reasonably acceptable to City. This bond will be <br />conditioned upon the faithful performance by the Grantee of its Franchise <br />obligations and upon the further condition that in the event the Grantee shall fail <br />to comply with any law, ordinance or regulation governing the Franchise, there <br />shall be recoverable jointly and severally from the principal and surety of the <br />bond any damages or loss suffered by City as a result, including the full amount <br />of any compensation, indemnification or cost of removal or abandonment of any <br />property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, <br />up to the full amount of the bond, and further guaranteeing payment by the <br />Grantee of claims, liens and taxes due City which arise by reason of the <br />construction, operation, or maintenance of the System. The rights reserved by <br />City with respect to the bond are in addition to all other rights City may have <br />under the Franchise or any other law. City may, from year to year, in its sole <br />discretion, reduce the amount of the bond. <br />b. The time for Grantee to correct any violation or liability, shall be extended by <br />City if the necessary action to correct such violation or liability is, in the sole <br />determination of City, of such a nature or character as to require more than thirty <br />(30) days within which to perform, provided Grantee provides written notice that <br />it requires more than thirty (30) days to correct such violations or liability, <br />commences the corrective action within the thirty (30) days period and thereafter <br />uses reasonable diligence to correct the violation or liability. <br />C. In the event this Franchise is revoked by reason of default of Grantee, City shall <br />be entitled to collect from the performance bond that amount which is attributable <br />to any damages sustained by City as a result of said default or revocation. <br />d. Grantee shall be entitled to the return of the performance bond, or portion thereof, <br />as remains sixty (60) days after the expiration of the term of the Franchise or <br />revocation for default thereof, provided City has not notified Grantee of any <br />actual or potential damages incurred as a result of Grantee's operations pursuant <br />to the Franchise or as a result of said default. <br />e. The rights reserved to City with respect to the performance bond are in addition to <br />all other rights of City whether reserved by this Franchise or authorized by law, <br />and no action, proceeding or exercise of a right with respect to the performance <br />bond shall affect any other right City may have. <br />25 <br />
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