A. 
For violation of provisions of this chapter or a franchise agreement entered into pursuant to this chapter, penalties shall be assessable against a franchisee and shall be chargeable to the franchisee's security fund in any amount up to the limits specified below, at the Town's discretion:
(1) 
For failure to submit any required plans indicating expected dates of installation of various parts of the system: $400 per day for each violation for each day the violation continues.
(2) 
For failure to commence operations in accordance with the requirements of the franchise agreement: $1,000 per day for each violation for each day the violation continues after a thirty-day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that thirty-day period.
(3) 
For failure to substantially complete construction in accordance with a franchisee's franchise agreement: $1,000 per day for each violation for each day the violation continues after a thirty-day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that thirty-day period.
(4) 
For transferring the franchise without approval: $2,000 per day for each violation for each day the violation continues.
(5) 
For failure to comply with requirements for public, educational and governmental use of the system: $1,000 per day for each violation for each day the violation continues after a fourteen-day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that fourteen-day period.
(6) 
For failure to supply information, reports or filings lawfully required under the franchise agreement or applicable law or by the Town: $500 per day for each violation for each day the violation continues after a thirty-day cure period, which shall begin to run on the due date of any regularly scheduled report and on the date of a deadline reasonably set by the Town for any report or information request not regularly scheduled, unless the franchisee shows that it was not in fact aware of the requirement in question, in which case the thirty-day cure period shall begin to run upon written notice of such requirement by the Town to the franchisee.
(7) 
For violation of customer service standards or failure to file a compliance certification or noncompliance statement as required herein: $200 per day or per event, as applicable.
(8) 
For failure to pay franchise fees or liquidated damages: $100 per day, in addition to any monetary payment due under a franchise agreement or this chapter, for each violation for each day the violation continues after a seven-day cure period, if the franchisee has failed to make payment within that seven-day period, provided that these penalties shall be in addition to any late fees that may apply.
(9) 
For failure to file, obtain or maintain any required security fund in a timely fashion: $200 per day.
(10) 
For failure to restore damaged property: $200 per day, in addition to the cost of the restoration and any other penalties or fees as required elsewhere herein or in a franchise agreement, for each day the violation continues after a thirty-day cure period, if the franchisee has not undertaken substantial corrective action to cure the violation within that thirty-day period.
(11) 
For violation of technical standards established by the FCC: $100 per day for each day the violation continues after a thirty-day cure period after the Town gives the franchisee notice of such violation.
(12) 
For knowingly and intentionally signing a false report or statement: $1,000 per report or document.
(13) 
For any other violations of this chapter, a franchise agreement or other applicable law: $500 per day for each violation for each day the violation continues.
B. 
The franchisee shall pay any penalty assessed in accordance with this chapter within 14 days after receipt of notice from the Town of such penalty.
C. 
To the extent that penalties are applied to a franchisee under this section, a franchisee shall not be subject to liquidated damages payable to the Town for the same violation.
D. 
The Town may reduce or waive any of the above-listed penalties for good cause shown.
E. 
Pending litigation or any appeal to any regulatory body or court having jurisdiction over a franchisee shall not excuse the franchisee from the performance of its obligations under this chapter or its franchise agreement unless a stay is obtained or the franchisee is otherwise excused from performance by operation of law. Failure of the franchisee to perform such obligations because of pending litigation or petition, in the absence of a stay issued by a forum of competent jurisdiction, may result in forfeiture or revocation pursuant to the provisions of this chapter and/or its franchise agreement.
A. 
Any franchise shall be deemed revoked 120 calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of a franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors or other action or proceeding; provided, however that a franchise may be reinstated at the Town's sole discretion if, within that one-hundred-twenty-day period:
(1) 
Such assignment, receivership or trusteeship has been vacated; or
(2) 
Such assignee, receiver or trustee has fully complied with the terms and conditions of this chapter and the applicable franchise agreement and has executed an agreement, approved by a court of competent jurisdiction, under which it assumes and agrees to be bound by the terms and conditions of this chapter and the applicable franchise agreement and such other conditions as may be established or as are required by applicable law.
B. 
Notwithstanding the foregoing, in the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a franchisee, the Town may revoke the franchise, following a public hearing, by serving notice on the franchisee and the successful bidder, in which event the franchise and all rights and privileges of the franchise will be revoked and will terminate 30 calendar days after serving such notice, unless:
(1) 
The Town has approved the transfer of the franchise to the successful bidder; and
(2) 
The successful bidder has covenanted and agreed with the Town to assume and be bound by the terms and conditions of the franchise agreement and this chapter, and such other conditions as may be established or as are required pursuant to this chapter or a franchise agreement.
All remedies under this chapter and the franchise agreement are cumulative unless otherwise expressly stated. The exercise of a remedy or the payment of liquidated damages or penalties shall not relieve a franchisee of its obligations to comply with its franchise or applicable law.
Recovery by the Town of any amounts under insurance, the security fund, the performance bond or letter of credit or otherwise does not limit a franchisee's duty to indemnify the Town in any way; nor shall such recovery relieve a franchisee of its obligations under a franchise, limit the amounts owed to the Town or in any respect prevent the Town from exercising any other right or remedy it may have.