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U.S.C. § 541(a)(3): Five Hundred dollars ($500) per day for each day or <br />part thereof that such violation continues. <br />vii. For failure to comply with any of the provisions of this Franchise, or other <br />City ordinance for which a penalty is not otherwise specifically provided <br />pursuant to this paragraph c, the penalty shall be $250.00 per day for each <br />day, or part thereof, such failure occurs or continues. <br />d. Each violation of any provision of this Franchise shall be considered a separate <br />violation for which a separate penalty can be imposed. <br />Whenever City finds that Grantee has violated one or more terms, conditions or <br />provisions of this Franchise, or for any other violation contemplated in Section 9, <br />Paragraph 2(c) above, a written notice shall be given to Grantee informing it of <br />such violation. At any time after thirty (30) days (or such longer reasonable time <br />which, in the sole determination of City, is necessary to cure the alleged violation) <br />following local receipt of notice, provided Grantee remains in violation of one or <br />more terms, conditions or provisions of this Franchise, in the sole opinion of City, <br />City may draw from the Letter of Credit all penalties and other monies due City <br />from the date of the local receipt of notice. <br />f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven (7) days <br />of such draw, notify City in writing that there is a dispute as to whether a <br />violation or failure has in fact occurred. Such written notice by Grantee to City <br />shall specify with particularity the matters disputed by Grantee. All penalties <br />shall continue to accrue and City may continue to draw from the Letter of Credit <br />during any appeal pursuant to this subparagraph f. <br />i. City shall hear Grantee's dispute within sixty (60) days and render a final <br />decision within sixty (60) days thereafter. <br />ii. Upon the determination of City that no violation has taken place, City <br />shall refund to Grantee, without interest, all monies drawn from the Letter <br />of Credit by reason of the alleged violation. <br />g. If said Letter of Credit or any subsequent Letter of Credit delivered pursuant <br />thereto expires prior to thirty (30) months after the expiration of the term of this <br />Franchise, it shall be renewed or replaced during the term of this Franchise to <br />provide that it will not expire earlier than thirty (30) months after the expiration of <br />this Franchise. The renewed or replaced Letter of Credit shall be of the same <br />form and with a bank authorized herein and for the full amount stated in <br />Paragraph A of this Section. <br />h. If City draws upon the Letter of Credit or any subsequent Letter of Credit <br />delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish <br />to its full amount the same within ten (10) days and shall deliver to City a like <br />27 <br />
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