Agenda - 11-02-2005-5d - Laserfiche WebLink

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a3 3. For failure to comply with transfer provisions: a one time fee of twenty- five hundred dollars ($2,500..00) for each offense; and 4. For failure to comply with any material provision herein for which a penalty is not otherwise specifically provided: a one time fee of two hundred fifty dollars ($250.00) for each offense., B. Whenever the County finds that Grantee has allegedly violated one or more material terms, conditions or provisions of the Franchise, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged material violation so as to afford the Grantee an opportunity to remedy the violation. Grantee shall have .30 days subsequent to receipt of the notice in which to correct the material violation. Grantee may, within 10 days of receipt of notice, notify the County that there is a dispute as to whether a material violation or failure has, in fact, occurred. Such notice by Gruitee shall specify with particularity the matters disputed by Grantee and shall stay the rtuming of the above-described time. 1. County shall hear Grantee's dispute at the next regularly scheduled or specially scheduled Commissioners' meeting. Grantee shall have the right to examine witnesses and appear and present its side of the dispute to the County Board. The County shall determine if Grantee has committed a violation and shall make written findings of fact relative to its detenmination- 2. If after hearing the dispute, the claim is upheld by the County, then Grantee shall have 30 days within which to remedy the violation before the County may require pa}nnent of liquidated damages. 3. The time for Grantee to correct any alleged violation shall be extended by the County if the necessary action to correct the alleged violation is of such a nature or character as to require more than 30 days within which to perform provided Gr°antee conunences corrective action within 15 days and thereafter exercises due diligence to correct the violation. No liquidated damages will be assessed for a violation period that has existed prior to the expiration of the period set by the Grantor herein for correcting the defect. C. Consistent with Section 17, the Grantor shall stay or waive the imposition of any liquidated damages set forth herein upon a Ending that any failure or delay is the result of an act of God or due to circumstances beyond the reasonable control of the Grantee. Section 27. Remedies -Election 17