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A. The franchise may provide for liquidated damages or other consequences upon failure by a grantee to complete, in timely fashion, any construction, including any upgrades or rebuilds of the cable communications system, as set forth in the franchise. Depending upon the degree of delay, such consequences may include:

1. Forfeiture of all or a portion of any bond or other form of surety.

2. Termination of a franchise.

3. Assessment of civil penalties or liquidated damages for causing delays in city construction projects.

B. The city shall provide the grantee with a detailed written notice of any alleged failure to complete construction upon which it proposes to take action, and a 60-day period within which the grantee may demonstrate to the city’s satisfaction that construction has been completed, or to complete the construction, or if the construction cannot be completed within 60 days, to submit a plan satisfactory to the city to complete the construction.

C. If a grantee is delayed at any time in the progress of construction by the failure of the appropriate public utility company or companies to diligently process pole attachment agreements or applications or to make such poles ready for attachment, or the failure of the city or other governmental authorities to diligently process applications for approval as may be required in connection with the construction of the cable system, or by labor disputes, fire, unusual delays in transportation, inability of a grantee to procure materials, acts of God, war, riots, insurrections or any causes beyond a grantee’s control, and which could not have been reasonably anticipated, then a grantee shall be granted an extension of time to complete construction, such extension to be of a duration commensurate with the amount of delay caused by the force majeure event. If an extension is granted, subsection (A) of this section shall not apply for that period of time by which a grantee was delayed by reason of events beyond its control. (Ord. 5531 § 2, 2004.)