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13.4.2 Impose liquidated damages in an amount set forth in Section 13.5 below, <br /> if applicable; or <br /> 13.4.3 Commence an action at law for monetary damages or seek other equitable <br /> relief; or <br /> 13.4.4 In the case of a substantial material default of a material provision of the <br /> Franchise, seek to revoke the Franchise in accordance with Section 13.7. <br /> 13.5 Liquidated Damages: <br /> 13.5.1 Applicability: If, at any time during the term of this Franchise, Effective <br /> Competition, as defined in the Communications Act, no longer exists, then the provisions of this <br /> Section 13.5 shall be applicable to Franchisee and this Franchise. <br /> 13.5.2 Procedure for Assessing Liquidated Damages: In the event the City <br /> determines that Franchisee has breached this Agreement after following the procedures set forth <br /> in sections 13.1 through 13.4 inclusive, the City may assess as liquidated damages, and not as a <br /> penalty, the following amounts: <br /> 13.5.2.1 Two hundred fifty dollars ($250)per day for material departure <br /> from any applicable FCC technical standards; <br /> 13.5.2.2 One hundred dollars ($100) per day for failure to provide PEG <br /> Access Channels as set forth herein; <br /> 13.5.2.3 One hundred dollars ($100) per day for material breach of the <br /> customer service standards set forth in Exhibit B; <br /> 13.5.2.4 Fifty dollars ($50)per day for failure to provide reports as <br /> required by this Franchise; or <br /> 13.5.2.5 Up to one hundred dollars ($100)per day for any other material <br /> breaches or defaults of this Agreement. <br /> 13.5.3 Total liquidated damages shall not exceed ten thousand dollars ($10,000) <br /> in any twelve month period. During any period when the City assessed liquidated damages, such <br /> liquidated damages shall constitute the City's exclusive remedy. <br /> 13.6 Letter of Credit: In the event Franchisee fails to cure noncompliance with a <br /> material provision of this Franchise or there is a pattern of repeated violations of this Franchise, <br /> then Franchisee shall provide to City a letter of credit in the amount of Five Thousand Dollars <br /> ($5,000) as security for the faithful performance by Franchisee of all material provisions of this <br /> Agreement. <br /> 13.7 Revocation: Should the City seek to revoke this Franchise after following the <br /> procedures set forth above in this Article, including the public hearing described in Section 13.3, <br /> the City shall give written notice to Franchisee of such intent. The notice shall set forth the <br /> EVERETT 19 <br /> Seattle-3388207.8 0010932-00119 <br />