Text · page 80 of 97
Read the whole document on one page (all 97 pages, each with its own heading)
in addition to such specific performance or legal action. Nothing herein is intended to allow duplicative recovery from or payments by Charter or its surety. (c) The first day for which liquidated damages may be assessed, if there has been no cure after the end of the applicable cure period, shall be the date after the end of the applicable cure period, including any extension of the cure period granted by the Village. Liquidated damages may not be assessed for a time period exceeding one hundred twenty (120) days per violation. The Village may commence revocation proceedings and/or initiate an action in law or equity in a court of competent jurisdiction after the assessment of liquidated damages or in lieu of liquidated damages. (d) The amount of all liquidated damages per annum shall not exceed twenty-four thousand dollars ($24,000) in the aggregate. With respect to liquidated damages, all similar violations or failures from the same factual events affecting multiple Subscribers shall be assessed as a single violation, and a violation or failure may only be assessed under any one material term. 8.3 REVOCATION (a) In addition to the other rights, powers and remedies retained by the Village under this Agreement, the Village reserves the separate and distinct right to revoke this Franchise if: (1) It is demonstrated that Charter practiced any fraud or deceit upon the Village in the operation of its Cable System or any other activities pursuant to this Agreement; or (2) Charter repeatedly violates, after notices and opportunities to cure, one or more of the material terms or conditions of this Agreement. (b) A violation of a material term or condition of the Franchise shall not be grounds for revocation if the violation occurs without the fault of Charter or occurs as a result of circumstances beyond its control or by reason of Force Majeure as defined in Section 9.1. Charter shall not be excused from the performance of any of its obligations under this Franchise by mere economic hardship or by the misfeasance or malfeasance of its directors, officers or employees. (c) A revocation shall be declared only by a written decision of the Common Council after an appropriate public hearing that shall afford Charter due process and full opportunity to be heard. This shall include the ability to introduce evidence, to question witnesses and to respond to any notice of grounds to terminate in accordance with the standards of a fair hearing applicable to administrative hearings in the State of New York. All notice requirements shall be met by providing Charter at least thirty (30) days prior written notice (via certified mail-return receipt requested) of any public hearing concerning the proposed revocation of this franchise. Such notice shall state the grounds for revocation. The Village, after a public hearing and upon finding the existence of grounds for revocation, may either declare this franchise terminated or excuse such grounds upon a showing by Charter of mitigating circumstances or good cause for the existence of such grounds. The Village shall issue such declaration and finding within thirty (30) days in a written decision which shall be sent via certified or overnight mail to Charter. Charter may appeal such determination to an appropriate court of competent jurisdiction. Notwithstanding the foregoing, nothing in this Agreement, including the enforcement provisions set forth in this Section 16