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<br />. <br /> <br />request by City or Commission the penalty shall be One <br />Hundred Dollars ($100.00) per day for each day, or part <br />thereof, such failure occurs or continues. <br />(5) For failure beyond the reasonable control of <br />Grantee to modify the System or to provide additional <br />services within sixty days after required by binding <br />arbitration the penalty shall be Two Hundred Fifty <br />Dollars ($250.00) per day for each day, or part thereof, <br />such failure occurs or continues. <br />(6) Forty-five days following notice from City or <br />Commission of a failure beyond Grantee's reasonable <br />control of Grantee to comply with operation or m~in- <br />tenance standards and sixty days following notice from <br />City or Commission of a failure beyond Grantee's <br />reasonable control of Grantee to comply with construc- <br />tion standards, the penalty shall be Two Hundred Fifty <br />Dollars ($250.00) per day for each day, or part thereof, <br />such failure occurs or continues. <br />(7) For failure beyond the reasonable control of <br />Grantee to provide the services Grantee has proposed or <br />their equivalent, including but not limited to the <br />implementation and the utilization of the access chan- <br />nels and the making available for use of the equipment <br />. and other facilities, the penalty shall be Two Hundred <br />Fifty Dollars ($250.00) per da~ for each day, or part <br />thereof, such failure occurs or continues. <br /> <br />. <br /> <br />. <br /> <br />- 4 - <br />