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<br />,-- - <br /> <br />other information necessary to determine the justification <br />for the requested increase. Within ninety (90) days after <br />receipt of the rate increase request, Grantor, expressed by <br />resolution, shall approve the request in full, approve the <br />request in part, or disapprove the request. In any event, <br />Grantor shall provide findings as to the basis for its de- <br />cision. If no Grantor action has occurred within ninety (90) <br />days after receipt of the rate increase, the request shall be <br />deemed to have been approved. <br /> <br />10.4 <br /> <br />Remedies for Franchise Violations. <br /> <br />(a) In addition to and without limiting the penalties <br />for delays as specified in Section 4.3 of this agreement, <br />Grantor reserves the right to impose the following penalties <br />in the event Grantee violates any other material provision of <br />this agreement, provided that Grantee has not commenced corrective <br />action within thirty (30) days written notice by certified <br />mail to the general manager of the Grantee: <br /> <br />( 1) <br /> <br />(2 ) <br /> <br />(3 ) <br /> <br />Impose a financial penalty, not to exceed <br />One Thousand Dollars ($1,000.00) per day <br />or per incident, for Grantee's individual <br />willful and/or repeated violation of the <br />franchise or this agreement or failure to <br />take corrective action with respect to a <br />violation of any provision of the franchise <br />or this agreement. <br /> <br />Require Grantee to make rate rebates or <br />payments to the customers or classes of <br />customers in such amount and on such <br />basis as Grantor may deem reasonable. <br /> <br />Require Grantee to correct or otherwise <br />remedy the violation prior to any rate <br />increase becoming effective. <br /> <br />(b) In the event the stated violation is not reas- <br />onably curable within sixty (60,) days, the franchise will not <br />be terminated or revoked or a penalty imposed pursuant to <br />this Section or Section 12 if Grantee provides, within the <br />said sixty (60) days, a plan, satisfactory to Grantor, to <br />remedy the violation and continues to demonstrate good faith <br />in seeking to correct said violation. <br /> <br />(c) In determining which remedy or remedies for <br />Grantee's violation are appropriate, Grantor shall take into <br />consideration the nature of the violation, the nature of the <br />remedy required in order to prevent further such violations, <br /> <br />-34- <br />