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ADELPHIA 2 - 2005
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ADELPHIA 2 - 2005
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Last modified
1/3/2012 3:16:37 PM
Creation date
6/14/2005 2:00:12 PM
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Contracts
Company Name
Adelphia Cable Television
Contract #
A-2005-130
Agency
City Attorney's Office
Council Approval Date
5/2/2005
Expiration Date
6/30/2005
Destruction Year
2010
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<br />corrected or cured by Grantee within the time specified by Grantor, the monetary penalties <br />specified above in subparagraph (b) may be assessed from the date of delivery to Grantee of the <br />Grantor's notice of violation. Decisions by the City Manager to assess monetary penalties <br />against the Grantee must be in writing and must contain findings supporting the decisions. <br />Decisions by the City Manager are final, unless appealed to the City Council as provided for <br />below in paragraph (d). <br /> <br />(d) If the Grantee or any interested person is aggrieved by a decision of the <br />City Manager under this Subsection 11.3, the aggrieved party may, following receipt of notice of <br />the written decision, appeal that decision in writing to the City Clerk in accordance with the <br />procedures specified in Chapter 3 ofthe Santa Ana Municipal Code. <br /> <br />11.4. Notice of Violation. <br /> <br />(a) Unless otherwise provided in this Agreement, prior to the City Manager's <br />recommendation to the City Council that revocation proceedings be conducted pursuant to <br />Subsection 11.1, and prior to the City Manager's imposition of any monetary sanctions pursuant <br />to Subsection 11.3, the City Manager must give written notice to the Grantee of the apparent <br />violation. <br /> <br />(b) The written notice of violation issued by the City Manager must comply <br />with the following requirements, as may be applicable: <br /> <br />I. The notice must identify the violation of this Agreement or of <br />Chapter 15 with sufficient particularity to enable the Grantee to make an informed decision and <br />to submit an appropriate written response. <br /> <br />2. The notice must state the period of time within which Grantee <br />must take or diligently commence corrective action, which period of time will be determined as <br />follows: <br /> <br />(i) If the violation arises out of the Grantee's failure or refusal <br />to satisfy the payment of monetary obligations to the Grantor, then the period for corrective <br />action may be not less than five nor more than 10 business days, at the reasonable discretion of <br />the City Manager. <br /> <br />(ii) If the violation arises out of the Grantee's noncompliance <br />with any obligation referenced above in Section I 1.3, other than the Consumer Protection <br />Standards, then the period for corrective action may bc not less than 10 business days nor more <br />than 30 business days, at the discretion of the City Manager. <br /> <br />(iii) If the violation arises out of the Grantee's noncompliance <br />with any of the Consumer Protection Standards referenced in Exhibit E to this Agreement, then <br />the period for corrective action may not be less than 30 days. <br /> <br />(iv) If the violation arises out of the Grantee's noncompliance <br />with any obligations referenced above in Subsection 1 J .2, other than the obligation to pay <br /> <br />12097-0002\6X06 72v 19 .doc <br /> <br />-32- <br /> <br />City of Santa Ana <br />EXECUTION COPY 4/07/0, <br />
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