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B. Emergency Actions - If any of Vantage Wind Energy LLC's actions, or <br />any failure by Vantage Wind Energy LLC to act to correct a situation <br />caused by Vantage Wind Energy LLC is deemed by the COUNTY to <br />create a threat to life or property, the COUNTY may order Vantage Wind <br />Energy LLC to immediately correct said situation threat or, at the <br />COUNTY's discretion, the COUNTY may undertake measures to correct <br />said situation threat itself; provided that, when possible, the COUNTY <br />shall notify Vantage Wind Energy LLC of said threat and give Vantage <br />Wind Energy LLC an opportunity to correct said threat before undertaking <br />such measures itself. Vantage Wind Energy LLC shall be liable for all <br />reasonable costs, expenses, and damages attributable to the correction of <br />such an emergency situation as undertaken by the COUNTY to the extent <br />that such situation was caused by Vantage Wind Energy LLC and shall <br />further be liable for all reasonable costs, expenses, and damages resulting <br />to the COUNTY from such situation and any reimbursement of any such <br />undisputed costs to the COUNTY shall be made within thirty (30) days of <br />receipt of written notice of the completion of such action or determination <br />of damages by the COUNTY. Each invoice shall include verifiable detail <br />as to the nature of the costs incurred. In the event that the COUNTY has <br />not undertaken measures to correct said situation threat itself, the failure <br />by Vantage Wind Energy LLC to take appropriate action to correct, a <br />situation caused by Vantage Wind Energy LLC and identified by the <br />COUNTY as a threat to public or private safety or property shall be <br />considered a violation of Franchise terms and each day that such a <br />situation continues to exist and Vantage Wind Energy LLC fails to take <br />appropriate action to abate said situation shall be regarded as a separate <br />violation. <br />C. Other Remedies - Nothing contained in this Franchise shall limit the <br />COUNTY's available remedies in the event of Vantage Wind Energy LLC's <br />failure to comply with the provisions of this Franchise, to include but not <br />limited to, the COUNTY's right to sue for specific performance and/or <br />damages. <br />D. Removal of System - In the event that this Franchise is terminated as <br />a result of violations of the terms of this Franchise by Vantage Wind <br />Energy LLC, Vantage Wind Energy LLC shall at its sole expense, promptly <br />remove all transmission system components and facilities, provided that, <br />the COUNTY, at its sole option, may allow or require Vantage Wind <br />Energy LLC to abandon its underground facilities in place, in which case <br />the COUNTY shall take title and ownership to the facilities and Vantage <br />Wind Energy LLC shall have no further obligation and liability therefore. <br />After removal, Vantage Wind Energy LLC shall restore the surface of the <br />Franchise Route to the same or better condition it was in prior to removal. <br />Vantage Wind Energy LLC 7 <br />Franchise Agreement <br />