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SECTION 12. FRANCHISE VIOLATIONS <br /> <br /> 12.1 Remedies for Franchise Violations. If the Grantee <br /> <br /> fails to perform any material obligation under the franchise, <br /> or fails to do so in a timely manner, the Grantor may at its <br /> <br /> option, and in its sole discretion; <br /> <br /> (a) Assess against the Grantee monetary damages <br /> up to the limits established in the franchise agreement for <br /> material franchise violations, said assessment to be levied <br /> against the security fund, hereinabove provided, and collected <br /> by Grantor immediately upon said assessment. The amount of <br /> <br />~uch assessment shall be deemed, without proof, to ~epresent <br /> <br /> .iquidation of damages actually sustained by Grantor by reason <br />of Grantee's failure to perform. Such assessment shall not <br />constitute a waiver by the Grantor of any other right or <br />remedy it may have under the franchise or under applicable <br />law, including without limitation, its right to recover from <br />Grantee such additional damages, losses, costs and expenses, <br />including actual attorney fees, as may have been suffered or <br />incurred by Grantor by reason of or arising out of such breach <br />of the franchise. This provision for assessment of damages is <br />intended by the parties to be separate and apart from Grantor's <br />right to enforce the provisions of the construction and <br />performance bonds provided for in Section 6, and is intended to <br />provide compensation to Grantor for actual damages. <br /> <br /> <br />