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<br />( I <br /> <br />'~. <br /> <br />J <br /> <br />(d) For a failure to commence construction or a <br />failure to complete required levels of construction <br />within the time or times established in "Exhibit A," <br />the Schedule of Performance, Grantor's City Manager <br />may impose a penalty and deduct from the Security <br />Fund an amount not to exceed Five Thousand Dollars <br />($5,000.00) per day for each day Grantee fails to <br />commence construction or fails to complete the re- <br />quired levels of construction as set forth in "Exhibit A." <br /> <br />ANY IMPOSITION OF MONETARY PENALTIES AS STATED IN THIS SECTION <br />MAY BE COLLECTED AND RETAINED BY GRANTOR AS LIQUIDATED DAMAGES <br />AND AS ITS PROPERTY WITHOUT ANY REDUCTION, OFFSET, OR RECOUPMENT <br />WHATSOEVER. GRANTOR AND GRANTEE AGREE THAT IT WOULD BE <br />IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES <br />IN CASE OF GRANTEE'S DEFAULT, AND THAT THE AMOUNT OF PENALTIES <br />IS A REASONABLE AND COMPLETE ESTIMATE OF GRANTOR'S DAMAGES. <br />GRANTEE RECOGNIZES THAT GRANTEE'S PROMPT DEVELOPMENT AND <br />OFFERING OF SERVICES IS OF CRITICAL IMPORTANCE TO GRANTOR. <br />THIS SECTION IS SEPARATELY APPROVED BY THE PARTIES TO THIS <br />AGREEMENT IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTION <br />1677 . <br /> <br />GRANTOR: <br /> <br />~~ <br /> <br />GORDÔN BR~N, ~~YOR <br /> <br /> <br />N, ~/ :::¡-~ <br />~, 1- <br /> <br />Grantee may appeal the imposition of any penalty to <br />the City Council in accordance with the provisions of Chapter <br />3 of the Santa Ana Municipal Code. <br /> <br />4.4 Right of Inspection of Construction. Grantor <br />shall have the rlght to inspect all construction or instal- <br />lation work performed pursuant to the provisions of this <br />agreement and to make such tests as it shall deem necessary <br />or desirable to ensure compliance with the terms of this <br />agreement and other pertinent provisions of law. <br /> <br />4.5 Construction Cost. Grantee has estimated in its <br />franchise applicatlon that the construction cost of the <br />cable television system that will serve the City and neighboring <br />jurisdictions during the first two (2) years will be as <br />follows: <br /> <br />Antennas, Towers and Earth Stations...........$ <br /> <br />220,000 <br /> <br />Microwave..................................... <br /> <br />144,000 <br /> <br />-12- <br />