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<br />. <br /> <br />C. In addition to recovery of any monies owed by <br />! <br /> <br />Grantee to City or Commission or damages to City 2E <br />Commission as a result of any acts or omissions by Grantee <br />pursuant to the Franchise, City or Commission in its sole <br /> <br />discretion may charge to and collect from the Letter of <br /> <br />Credit the following penalties: <br />(1) For failure beyond the reasonable control of <br /> <br />Grantee to complete System construction in accordance <br />with Grantee's initial service area plan, unless City or <br /> <br />Commission approved the delay, the penalty shall be Two <br />Hundred Fifty Dollars ($250.00) per day for each day, or <br /> <br />part thereof, such failure occurs or continues. <br /> <br />. <br /> <br />(2) For failure to provide data, documents, re- <br />ports or information after adequate notice or to co- <br />operate with City or Commission during an application <br />process or System review, the penalty shall be One <br /> <br />Hundred Dollars ($100.00) per day for each day, or part <br /> <br />thereof, such failure occurs or continues. <br /> <br />(3) For failure to reasonably comply with any of <br />the provisions of this Franchise for which a penalty is <br />not otherwise specifically provided pursuant to this <br />Paragraph C,the penalty shall be One Hundred Dollars <br />($100.00) per day for each day, or part thereof, such <br /> <br />- failure occurs or continues. <br /> <br />(4) For failure to test, analyze and report on the <br /> <br />performance of the System within sixty days following a <br /> <br />. <br /> <br />- 3 - <br />