Orange County NC Website
19 <br />to pay to the Grantor any penalties, claims, liens, liquidated damages, fees due the <br />Grantor, such failure by the Grantee can be remedied by demand on the letter of <br />credit The Grantor may immediately request payment of the amount due from <br />the letter of credit or bond. Upon such request for payment, the Grantor shall <br />notify the Grantee of the amount and date thereof. <br />C. The letter of credit or bond shall be maintained at the amount indicated in Section <br />25A above during the entire term of the Franchise unless modified in accordance <br />with the procedures provided for in Section 34 of this Franchise. In the event that <br />amounts are withdrawn pursuant to this Section, the Grantee, shall take any <br />required action to restore the letter of credit or bond to the original amount within <br />ten (10) business days of notification by the Grantor of its withdrawal against the <br />letter of credit. <br />D. The rights reserved to the Grantor with respect to the letter of credit or bond are in <br />addition to all other rights of the Grantor, whether reserved by the Franchise, or <br />authorized by law, and no action, proceeding or exercise of a right with respect to <br />such a letter shall affect any other right the Grantor may have. <br />E. The letter of credit or bond shall contain the following endorsement: <br />"It is hereby understood and agreed that this letter of credit shall <br />not be canceled by the surety nor the intention not to renew be <br />stated by the surety until thirty (30) calendar days after receipt by <br />the Grantor, by registered mail, of a written notice of such an <br />intention to cancel or not to renew." <br />F. The Grantee shall renew the letter of credit or bond not less than thirty (30) <br />calendar days prior to its expiration and provide a copy of the renewal to the <br />Grantor. Failure to comply with this provision shall entitle the Grantor to draw <br />down the letter of credit or bond in its entirety. <br />Section 26. Remedies - Liquidated Damages <br />A. Because the Grantee's failure to comply with provisions of this Franchise will <br />result in injury to the Grantor, and because it will be difficult to estimate the <br />extent of such injury, the Grantor and the Grantee hereby agree to the following <br />liquidated damages, which represent both parties' best estimate of the damages <br />resulting from the specified injury <br />L For failure to extend service in accordance with Section 4: one hundred <br />dollars ($100.00) for each day such offense continues. <br />2. For failure to submit reports, records and provide documents or <br />information: a one time fee of two hundred fifty dollars ($250,00) for each <br />offense.