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• relinquished or abandoned by FiberNet, the City is entitled to collect any <br /> resultant damages, costs or liabilities incurred by the City. <br /> c. The City and FiberNet acknowledge that it may be difficult or <br /> impossible to accurately quantify actual damages or losses suffered by the City <br /> due to a violation or unsatisfied obligation under this Franchise, the Cable <br /> Ordinance, or applicable laws or regulations. Such violations or unsatisfied <br /> obligations may, however, be presumed to harm the City and the public's <br /> interest. Accordingly, the City may, in its reasonable discretion, collect liquidated <br /> damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per <br /> violation of any provision of this Franchise, the Cable Ordinance, or applicable <br /> laws or regulations. Each violation may be considered a separate violation for <br /> which separate liquidated damages can be imposed. <br /> d. In the event the City will make any claim against the fund, the City <br /> must comply with Section 14 of the Cable Ordinance governing enforcement of <br /> this Franchise. <br /> e. The City's rights herein are in addition to all other rights the City may <br /> have and the City's exercise of such rights does not constitute an exclusive <br /> remedy nor limit any other right. <br /> Section 6.4 Construction Security. <br /> • a. FiberNet shall comply with Minnesota Statutes §574.26 when <br /> undertaking any construction projects or entering into any construction contracts. <br /> Any performance or payment bonds obtained shall name the City of Monticello <br /> as well as FiberNet Monticello. <br /> b. If FiberNet or any of its contractors fail to perform in accordance with <br /> the terms of this Franchise, the Cable Ordinance, and applicable laws and <br /> regulations, the City may draw on the fund established in Section 6.3. In the <br /> event the City will make any claim against the construction bond, the City must <br /> comply with Section 14 of the Cable Ordinance governing enforcement of this <br /> Franchise. <br /> c. The City's rights pursuant to this Section are in addition to all other <br /> rights the City may have. Any action with respect to the security fund does not <br /> constitute an exclusive remedy nor limit any other right. <br /> SECTION 7. MISCELLANEOUS REQUIREMENTS <br /> Section 7.1 Amendment of Franchise Ordinance. <br /> FiberNet and the City may mutually agree, from time to time, to amend this <br /> Franchise. Any changes, modifications or amendments to this Franchise must <br /> • <br /> City of Monticello Ordinance 514 9 <br />