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C. For failure to comply with any provision of this Franchise, for which • a penalty is not otherwise specifically provided, the penalty shall be One Hundred Fifty and Noll 00 Dollars ($150.00) per day. D. For failure to test, analyze and report on the performance of the System following a request by the City, the penalty shall be One Hundred and Noll 00 Dollars ($100.00) per day. E. For failure of Grantee to comply with operation or maintenance standards, the penalty shall be One Hundred and Noll 00 Dollars ($100.00) per day. F. For failure to comply with all conditions of the City permits to disturb Streets, fix Streets, or other terms or conditions of the City, the penalty shall be Two Hundred and Noll 00 Dollars ($200.00) per day. This penalty shall be offset by any penalties collected by the City for the violation of any such City Code provisions. 10.06 Procedure for Imposition of Penalties. A. Whenever the City finds that Grantee has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, awritten notice shall be given to Grantee. The written notice shall describe in reasonable • detail the alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have twenty (20) days subsequent to receipt of the notice in which to correct the violation before the City may resort to the security fund. Grantee may, within ten (10) days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee to the City shall specify with particularity the matters disputed by Grantee and shall stay the running of the above-described time. 1. The City shall hear Grantee's dispute at a regularly or specially scheduled meeting. Grantee shall have the right to subpoena and cross-examine witnesses. The City shall determine if Grantee has committed a violation and shall make written findings of fact relative to its determination. If a violation is found, Grantee may petition for reconsideration. 2. If after hearing the dispute the claim is upheld by the City, Grantee shall have ten (10) days from such a determination to remedy the violation or failure. At any time after that ten (10) day period, the City may draw against the security fund all penalties due it. 3. Upon receipt of written notice from Grantee that the violation • has been corrected or remedied, the City's right to draw from the security fund shall be suspended. Following receipt of such notice, 33