§ 16. Liquidated damages.

(a)

By acceptance of this franchise, Company understands and agrees that failure to comply with any time and performance requirements as stipulated in this ordinance and franchise agreement, after notice and opportunity to cure as contained herein, will result in damage to City and that it may be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, at City's option, in lieu of actual damages, Company shall pay to City liquidated damages as set out below.

(b)

Although not intended to be an exclusive listing, the following are specific examples of noncompliance which will give rise to the imposition of liquidated damages:

(1)

Failure to deposit or maintain the Guarantee in Lieu of Bond required by this franchise;

(2)

Failure to provide to City on proper request any data, documents, reports, or information required by this franchise; or

(3)

Failure to respond to a notice of alleged noncompliance.

(c)

If city believes that Company has failed to meet any material provision of this franchise, City shall notify Company in writing of the alleged non compliance, and Company shall respond in writing within ten (10) days. If Company fails to provide proof that the non-compliance has been corrected or will be corrected within twenty (20) days from the date of its response, or fails to provide reasonable justification acceptable to City which would excuse failure to comply, City may, at City's option, forego actual damages and recover liquidated damages from Company and/or from the guaranty provided in section 15.

(d)

The liquidated damages for each violation shall be $100.00 for each day that the violation continues.