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<br />default or incident of noncompliance in accordance with Subsection 11.4 and a reasonable <br />opportunity to correct the problem. <br /> <br />(b) Following the expiration of any specified period within which Grantee has <br />failed to cure a default or an incident of noncompliance as directed, the following fines, <br />penalties, and other sanctions may be imposed by Grantor's City Manager, subject to Grantee's <br />right to appeal to the City Council in accordance with the procedures specified in Chapter 3 of <br />the Santa Ana Municipal Code: <br /> <br />I. For Grantee's failure to comply in any material respect with the <br />periodic system testing requirements set forth in paragraph (b) of Subsection 4.7 or <br />Subsection 8.1 ofthis Agreement, or Grantee's failure to meet FCC signal quality standards for <br />PEG access channels as required by Section I(A)(4) of Exhibit F, a penalty not to exceed $500 <br />may be imposed for each day that the incident of noncompliance has not been remedied by the <br />Grantee. <br /> <br />2. For Grantee's failure to comply in any material respect with any of <br />the design and construction standards set forth in Section 7 of this Agreement, a penalty not to <br />exceed $500 may be imposed for each day that the incident of noncompliance has not been <br />remedied by the Grantee. <br /> <br />3. For Grantee's failure, in any material respect, to maintain or to <br />provide any books, records, reports, or other documents in the manner and at the time specified <br />in this Agreement, a penalty not to exceed $500 may be imposed for each day that the incident of <br />noncompliance has not been remedied by the Grantee. <br /> <br />4. For Grantee's material breach ofthe Consumer Protection <br />Standards as specified in Exhibit E to this Agreement, excluding violations ofthe four-hour <br />scheduling requirement for service connections or repairs, and except where the breach is not <br />within the Grantee's reasonable control, the monetary penalties authorized by Section 15-258(k) <br />of Chapter 15 may be assessed against the Grantee. <br /> <br />5. If Grantee fails to make an installation within a specified or <br />agreed-upon four-hour period, then Grantee must provide to the subscriber a free installation; if <br />Grantee fails to make a service call for purposes other than an installation within a specified or <br />agreed-upon four-hour period, then Grantee must provide to the subscriber a credit in the sum of <br />$20.00. <br /> <br />6. For any other default or incident of noncompliance that is material <br />and that is not specified in this Subsection 1].3, a maximum penalty not to exceed $250 may be <br />imposed upon Grantee by Grantor for each day that the default or incident of noncompliance has <br />not been remedied by the Grantee. <br /> <br />(c) The City Manager or the City Manager's designee is authorized to impose <br />the fines, penalties, and liquidated damages authorized by this Subsection 11.3 if, following <br />delivery of the written notice of violation referenced below in Subsection 11.4, the Grantee fails <br />to correct or cure the violation within the specified period of time, or any authorized extension of <br />that period of time. For the purpose of assessing monetary penalties, if a violation has not been <br /> <br />12097 -0002\6806 72v 19.doc <br /> <br />-3] - <br /> <br />City of Santa Ana <br />EXECUTION COPY 4/07/05 <br />