Upon the City’s assessing damages, written notice of such assessment shall be sent to the Franchisee by certified mail, return receipt requested, with a concise statement of the reasons therefor. Franchisee shall not be responsible for breaches caused by force majeure which means labor disputes, fire, unusual delays in transportation, inability of a Franchisee to procure materials, act of God, war, riots, insurrection or any causes beyond a Franchisee’s control, and which could not have been reasonably anticipated.
Within ten (10) days after receipt of the notice, the Franchisee may request a hearing to contest the assessment by filing a written petition with the City, stating the grounds for the request. Upon receipt of a request, the City shall schedule a hearing as soon as practicable. The pendency of a request for a hearing shall suspend assessment of damages until the date of the hearing and shall suspend payment of damages until ten (l0) days after receipt by the Franchisee by certified mail of the decision of the City following the hearing.
The Franchisee shall pay the full amount of any damage assessment to the City within ten (10) days after receipt of the City’s decision following a hearing.
Upon failure of the Franchisee to make timely payment of assessed damages, the City may withdraw the amount of such damages from the Letter of Credit provided by Section 22 of the Agreement.
Amounts received by the City as damages assessed against the Franchisee, whether directly paid by the Franchisee to the City or withdrawn from the Letter of Credit by the City, may be used by the City for any purpose it deems fit.
The following monetary damages shall apply, and liability therefor shall accrue from the date of receipt of notice except as otherwise provided in this Section:
Failure to reimburse the City’s franchising expenses as specified in Section 26(B), after demand, within thirty (30) days: One Hundred Fifty and No/100 Dollars ($150) per day for each day, or part thereof, such failure occurs or continues;
Failure to deliver evidence of the acquisition of the insurance required by Chapter 10.27: Two Hundred and No/100 Dollars ($200) per day for each day, or part thereof, such failure occurs or continues;
Failure to maintain any required construction bond: Two Hundred Fifty and No/100 Dollars ($250) per day for each day, or part thereof, such failure occurs or continues;
Failure to indemnify City in accordance with Section 10.27.320 of Chapter 10.27: One Thousand and No/100 Dollars ($1,000) per day for each day, or part thereof, such failure occurs or continues;
Failure to make timely any payment with respect to the Letter of Credit or to restore such Letter of Credit in a timely fashion: Two Hundred and No/Dollars ($200) per day for each day, or part thereof, such failure occurs or continues;