§ 33-01-300. Remedies for franchise violations.

A.

If grantee fails to perform in a timely manner any material obligation required by this chapter or a franchise granted hereunder, following notice from the grantor and an opportunity to cure such nonperformance in accordance with the provisions of section 33-01-350 of this chapter and the franchise, grantor may at its option and in its sole discretion and after affording grantee due process as provided in the franchise agreement:

B.

Cure the violation and recover the actual cost thereof from the security fund established herein if such violation is not cured within thirty (30) days after written notice to the grantee of grantor's intention to cure and draw upon the security fund;

C.

Assess against grantee liquidated damages in an amount set forth in the franchise agreement for any such violations(s) if such violation is not cured, or if grantee has not commenced a cure, on a schedule reasonable under the then prevailing circumstances, within thirty (30) days after written notice to the grantee of grantor's intention to assess liquidated damages. Such assessment may be withdrawn from the security fund, and shall not constitute a waiver by grantor of any other right or remedy it may have under the franchise or applicable law, including without limitation, any right grantor may have to recover from grantee such additional damages, losses, costs and expenses, including actual attorney's fees, as may have been suffered or incurred by grantor by reason of or arising out of such breach of the franchise.

(Ord. No. 958, § 30, 10-24-95)