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the City shall have the right to conduct an independent investigation <br />of any alleged violations and should it find, in its sole determination, • <br />that such violations have not been completely corrected, it shall <br />have the right to draw all appropriate amounts from the security <br />fund plus an additional Five Thousand and No/100 Dollars <br />($5,000.00) penalty. <br />B. The time for Grantee to correct any alleged violation may be <br />extended by the City if the necessary action to correct the alleged violation <br />is of such a nature or character to require more than ten (10) days within <br />which to perform provided Grantee commences the corrective action <br />within the ten (10) day period and thereafter uses reasonable diligence to <br />correct the violation. <br />C. The security fund deposited pursuant to this section shall become <br />the property of the City in the event that the Franchise is cancelled by <br />reason of the default of Grantee or revoked for cause. Grantee, however, <br />shall be entitled to the return of such security fund, or portion thereof, as <br />remains on deposit at the expiration of the term of the Franchise. <br />D. The rights reserved to the City with respect to the security fund are <br />in addition to all other rights of the City whether reserved by this Franchise <br />or authorized by law, and no action, proceeding or exercise of a right with <br />respect to such security fund shall affect any other right the City may • <br />have. <br />E. The City shall stay or waive the imposition of any penalties set forth <br />above for any failure or delay that is a result of an act of God or upon a <br />finding that the failure or delay is due to circumstances beyond the <br />reasonable control of Grantee. <br />10.07 Damages and Defense. <br />A. Grantee shall indemnify, defend, and hold harmless the City for all <br />damages and penalties, at all times during the term of this Franchise, as a <br />result of the procedures for granting this Franchise or the granting of this <br />Franchise or of Grantee's exercise of this Franchise. These damages and <br />penalties shall include, but shall not be limited to, damages arising out of <br />Personal injury, property damage, copyright infringement, defamation, <br />antitrust, errors and omission, theft, fire, and all other damages arising out <br />of Grantee's exercise of this Franchise, whether or not any act or omission <br />complained of is authorized, allowed or prohibited by this Franchise; such <br />indemnification shall include, but not be limited to, reasonable attorneys' <br />fees and costs. <br />B. In order for the City to assert its rights to be indemnified, defended, <br />or held harmless, the City must: • <br />34 <br />