RES 85497 - Laserfiche WebLink

Assess damages, not to exceed One Hundred Dollars ($100) per day per violation, for Grantee's individual willful and/or repeated violation of any material provision of the franchise or failure to take corrective action with respect to a violation of any material provision of the franchise. (b) In the event the stated violation is not reasonably curable within sixty (60) days, the franchise will not be terminated or revoked or damages assessed pursuant to Section 4.3 of this Agreement if the Grantee provides, within the said sixty (60) days, a plan satisfactory to the Grantor, to remedy the violation and continues to demonstrate good faith in seeking to correct said violation. (c) In determining what level of remedy for Grantee's violation is appropriate, Grantor shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further such violations and such other matters as the Grantor may deem appropriate; provided, however, that adequate remedies must be imposed if the quality of service is in any way materially lessened, or if any material provision of this Agreement is not complied with. (d) Within ten (10) days after receipt of a written notice of a violation from Grantor, Grantee may request a hearing before a Grantor-designated hearing officer in a full public proceeding affording due process. Such hearing shall be held within thirty (30) days of the receipt of the request therefore. No remedies shall be imposed prior to the conclusion of the hearing and a reasonable opportunity for the Grantee to cure the violation. 11. SEPARABILITY 11.1 If any material section of Ordinance No. 1224 and this Agreement, as determined by the Grantor or Grantee, i~ held to be invalid or preempted by Federal or State regulations or laws, the Grantor and Grantee shall negotiate appropriate modifications to this Agreement to provide reasonable relief from such invalidity or preemption. If the parties are unable to reach agreement on such modifications; and if in Grantor's and Grantee's opinion Grantor and Grantee may be bound legally with respect to arbitration of the specific dispute, then the dispute will be submitted to an arbitrator, in accordance with California law, who will determine what modifications are appropriate and the arbitrator's decision shall be binding on the parties. 12. FORCE ~MAJEURE; GRANTEE'S INABILITY TO PERFORM 12.1 In the event Grantee's performance of any of the terms, conditions, obligations or requirements of this franchise or Ordinance No. 1224 is prevented or impaired due to any cause