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(1) The commencement of an action against Company at law for monetary <br />damages. <br />(2) The commencement of an action in equity seeking injunctive relief or the <br />specific performance of any of the provisions that, as a matter of equity, are <br />specifically enforceable. <br />(3) The termination of this Franchise. <br />D. Remedies. The rights and remedies of City and Company set forth in this <br />Franchise Agreement shall be in addition to, and not in limitation of, any other rights and <br />remedies provided by law or in equity. City and Company understand and intend that such <br />remedies shall be cumulative to the maximum extent permitted by law and the exercise by City <br />of any one or more of such remedies shall not preclude the exercise by City, at the same or <br />different times, of any other such remedies for the same failure to cure. However, <br />notwithstanding this Section or any other provision of this Franchise Agreement, City shall not <br />recover both liquidated damages and actual damages for the same violation, breach, or <br />noncompliance, either under this Section or under any other provision of this Franchise <br />Agreement. <br />E. Termination. In accordance with the provisions of Section 12.C, this Franchise <br />Agreement may be terminated upon thirty (30) business day's prior written notice to Company <br />by City. City shall notify Company in writing at least fifteen (15) business days in advance of the <br />City Council meeting at which the question of forfeiture or termination shall be considered, and <br />Company shall have the right to appear before the City Council in person or by counsel and <br />raise any objections or defenses Company may have that are relevant to the proposed forfeiture <br />or termination. The final decision of the City Council may be appealed to any court or regulatory <br />authority having jurisdiction. Upon timely appeal by Company of the City Council's decision <br />terminating the Franchise, the effective date of such termination shall be either when such <br />appeal is withdrawn or an order upholding the termination becomes final and unappealable. <br />Until the termination becomes effective, the provisions of this Franchise shall remain in effect for <br />all purposes. The City recognizes Company's right and obligation to provide service in <br />accordance with the Certificate of Convenience and Necessity authorized by the Public Utility <br />Commission in accordance with the Texas Utilities Code. <br />F. The failure of the City or Company to insist in any one or more instances upon <br />the strict performance of any one or more of the terms or provisions of this Franchise shall not <br />be construed as a waiver or relinquishment for the future of any such term or provision, and the <br />same shall continue in full force and effect. No waiver or relinquishment shall be deemed to <br />13 <br />