If Grantee fails to perform any obligation under the franchise, or fails to do so in a timely manner, City may at its option, and in its sole discretion:
(a)
Assess against Grantee monetary damages up to the limits established in the franchise agreement for material franchise violations, said assessment to be levied against the security fund, hereinabove provided, and collected by City immediately upon said assessment. The amount of such assessment shall be deemed, without proof to represent liquidation of damages actually sustained by City by reason of Grantee's failure to perform. Such assessment shall not constitute a waiver by City of any other right or remedy it may have been under the franchise or under applicable law including, without limitation, its right to recover from Grantee such additional damages, losses, costs and expenses, including actual attorney's fees, as may have been suffered or incurred by City by reason of or arising out of such breach of the franchise. This provision for assessment of damages is intended by the parties to be separate and apart from City's right to enforce the provisions of the construction and performance bonds provided for in Sections 6.108.08.010 and 6.108.08.020, and is intended to provide compensation to City for actual damages.
(b)
Terminate the franchise, for any of the causes stated in Section 6.108.20.040, below, or other material breach of the franchise.
City may, in its sole judgment and discretion, impose any or all of the above-enumerated measures against Grantee, which shall be in addition to any and all other legal or equitable remedies it has under the franchise or under any applicable law. No remedy shall be imposed by City against Grantee for any violation of the franchise without Grantee being afforded due process of law, as provided for in Section 6.108.20.050 below. |
(Prior code § 63075; added by Ord. No. 1407CCS, adopted 4/28/87)