Title 10 Regulation of Activities
Chapter 10.27A Cable Communications Code
Article III. Franchise Conditions
Section 10.27A.340 Liquidated Damages
- Because a franchisee’s failure to comply with the provisions of this chapter and its franchise will result in damage to the City and because it will be impractical to determine the actual amount of such damages, the City and any franchisee shall agree upon and specify in a franchise certain amounts which represent both parties’ best estimate of the damages.
- The City shall calculate the amount of any damages as specified in a franchise.
- The liquidated damages provided in a franchise shall be the exclusive monetary remedy for the named breaches. Neither the right to liquidated damages nor the payment of liquidated damages shall bar or otherwise limit the right of the City in a proper case to:
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- obtain judicial enforcement of a franchisee’s obligations by means of specific performance, injunctive relief, mandamus or other remedies at law or in equity;
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- consider any substantial violation or breach as grounds for forfeiture and termination of a franchise pursuant to this chapter; and
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- consider any violation or breach as grounds for nonrenewal or nonextension of a franchise or issuance of a new franchise.
Date Passed: Monday, June 4, 2007
Effective Date: Wednesday, July 11, 2007
ORD C34041 Section 1 (Recodification)
