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8.7.1. For any payments owed by Grantee in accordance with this Section 8.7 <br /> which are not made on or before the due dates, Grantee shall make such payments including <br /> interest at an annual rate of the prime lending rate as quoted by JP Morgan Chase & Company or <br /> its successor, computed from time due until paid. Any undisputed overpayments made by the <br /> Grantee to the City shall be credited upon discovery of such overpayment until such time when <br /> the full value of such credit has been applied to the PEG Capital Fee liability otherwise accruing <br /> under this section. <br /> 8.7.2. Grantee and City agree that the capital obligations set forth in this <br /> Section are not"Franchise Fees"within the meaning of 47 U.S.C. § 542. <br /> 8.8. Grantee Use of Unused Time. Because the City and Grantee agree that a blank or <br /> underutilized PEG Access Channel is not in the public interest, in the event the City does not <br /> completely program a Channel, Grantee may utilize the Channel for its own purposes. Grantee <br /> may program unused time on the Channel subject to reclamation by the City upon no less than <br /> sixty (60) days' notice. Except as otherwise provided herein, the programming of the PEG <br /> Access Channel with text messaging, or playback of previously aired programming shall not <br /> constitute unused time. Text messaging containing out of date or expired information for a <br /> period of thirty (30) days shall be considered unused time. A programming schedule that <br /> contains playback of previously aired programming that has not been updated for a period of <br /> ninety(90) days shall be considered unused time. Unused time shall be considered to be a period <br /> of time, in excess of six (6) hours, where no community produced programming of any kind can <br /> be viewed on a PEG Access Channel. Unused time shall not include periods of time where <br /> programming cannot be viewed that are caused by technical difficulties, transition of broadcast <br /> media, signal testing, replacement or repair of equipment, or installation or relocation of <br /> facilities. <br /> SECTION 9: Enforcement of Franchise <br /> 9.1. Notice of Violation or Default. In the event the City believes that the Grantee has <br /> not complied with a material term of the Franchise, it shall notify the Grantee in writing with <br /> specific details regarding the exact nature of the alleged noncompliance or default. <br /> 9.2. Grantee's Right to Cure or Respond. The Grantee shall have thirty (30) days <br /> from the receipt of the City's written notice: (A) to respond to the City, contesting the assertion <br /> of noncompliance or default; or(B)to cure such default; or(C) in the event that, by nature of the <br /> default, such default cannot be cured within the thirty(30) day period, initiate reasonable steps to <br /> remedy such default and notify the City of the steps being taken and the projected date that the <br /> cure will be completed <br /> 9.3. Enforcement. Subject to applicable federal and state law, and following notice <br /> and an opportunity to cure and respond pursuant to the provisions of Section 9.2 above, in the <br /> event the City determines that the Grantee is in default of any material provision of the <br /> Franchise, the City may, <br /> 9.3.1. seek specific performance of any provision that reasonably lends itself to <br /> such remedy or seek other relief available at law, including declaratory or injunctive relief; or <br /> 12 <br />