A. In addition to any provisions concerning delays in construction set forth in Section 5.32.120(H) of this chapter, the grantor reserves the right to impose the following in the event that the grantee violates any other material provisions of the franchise agreement or this chapter, and provided that the grantee has not commenced corrective action within thirty days following written notice of delinquency by the city to the grantee; the city may impose the following remedies:
1. Liquidated damages in an amount not to exceed one hundred dollars per day or, where it is determined on the basis of expert professional opinion that there is a failure to meet the technical performance standards specified herein, not to exceed two hundred fifty dollars per day, for the grantee's violation of such agreement or of this chapter or failure to take corrective action with respect to a violation; provided that such remedy may only be imposed by the city council after compliance with the procedure set forth in Section 5.32.110(A)(3) for notice and hearing before the city council. Such damages shall be assessed by the grantor only where the amount of actual damages is impractical or extremely difficult to establish;

2. A requirement that the grantee give rate credits to customers or classes of customers in such amount as the city, in its discretion, may determine based upon the degree of service loss (amount of time, time of day, type of programming, type of service, etc.);
3. A requirement that the grantee correct or otherwise remedy the violation prior to any rate increase becoming effective;
4. A reduction in the term of the franchise of one day per day of violation;
5. Utilization of the surety bond in accordance with Section 5.32.070;
Termination of the franchise in accordance with the provisions of Section 5.32.310.
B. The remedies prescribed in this section may be applied separately or cumulatively. In determining which remedy or remedies for the grantee's violation are appropriate, the city shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further such violations, and such other matters as the grantor may deem appropriate. (Prior code § 7-30)