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Ordinance 2609-02
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Ordinance 2609-02
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Ordinances
Ordinance Number
2609-02
Date
5/22/2002
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G. Procedures for Remedying Violations <br /> If the City has reason to believe that the Cable Operator has failed to comply with any of these <br /> Standards, or has failed to perform in a timely manner, or if similar Complaints repetitively arise, <br /> the City may require in writing that the Cable Operator remedy the alleged noncompliance. If the <br /> alleged noncompliance is denied or not remedied to the satisfaction of the City, the City may opt to <br /> follow the liquidated damages procedures,revocation procedures or seek other remedies set forth in <br /> the franchise, or pursue any other remedies at law or in equity. <br /> SECTION 5. MISCELLANEOUS <br /> A. Severability <br /> Should any section, subsection, paragraph, or provision of these Standards be determined to be <br /> illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction, such <br /> determination shall have no effect on the validity of any other section, subsection, paragraph, or <br /> provision of these Standards, all of which shall remain in full force and effect. <br /> B. Non-Waiver <br /> Failure of the City to enforce any provision(s) of these Standards shall not operate as a waiver of the <br /> provision(s) or of the Standards. <br /> C. Attorneys' Fees and Expenses <br /> If any action or suit arises in connection with these Standards, the prevailing party(either the City <br /> or the Cable Operator, as the case may be) shall be entitled to recover all of its reasonable attorneys' <br /> fees, costs and expenses in connection therewith, in addition to such other relief as the court may <br /> deem proper. <br /> Page 11 of 12 <br />
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