Common use of Procedure for Remedying Franchise Violations Clause in Contracts

Procedure for Remedying Franchise Violations. (A) If the City reasonably believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the City, contesting the City's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City orders a meeting in accordance with subsection (A)(3), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City determines that a default exists, the City shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City shall determine. In the event Grantee does not cure within such time to the City’s reasonable satisfaction, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law.

Procedure for Remedying Franchise Violations. ‌ (A) If the City Town reasonably believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City Town shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the CityTown, contesting the CityTown's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City Town that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Town in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Town may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City Town orders a meeting in accordance with subsection (A)(3), the City Town shall set a meeting to investigate said issues or the existence of the alleged default. The City Town shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City Town determines that a default exists, the City Town shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City Town shall determine. In the event Grantee does not cure within such time to the CityTown’s reasonable satisfaction, the City Town may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (32) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the CityTown, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law.

Procedure for Remedying Franchise Violations. ‌ (A) If the City Town reasonably believes that Grantee ▇▇▇▇▇▇▇ has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City Town shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the CityTown, contesting the CityTown's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City Town that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Town in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Town may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee▇▇▇▇▇▇▇'s proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City Town orders a meeting in accordance with subsection (A)(3), the City Town shall set a meeting to investigate said issues or the existence of the alleged default. The City Town shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee▇▇▇▇▇▇▇'s receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City Town determines that a default exists, the City shall order Grantee Town may seek any remedy available to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City shall determine. In the event Grantee does not cure within such time it pursuant to the City’s reasonable satisfactionApplicable Law, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the including revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable LawFranchise. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law.

Procedure for Remedying Franchise Violations. (A) If the City reasonably Grantor believes that Grantee ▇▇▇▇▇▇▇ has failed to perform any material obligation under this Franchise Franchise, or has failed to perform in a timely manner, the City Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond Respond to the CityGrantor, contesting the CityGrantor's assertion that a default has occurred, and requesting a meeting hearing in accordance with subsection (B), below; (2) cure Cure the default; or, (3) notify the City Notify Grantor that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Grantor in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Grantor may set a meeting hearing in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee▇▇▇▇▇▇▇'s proposed completion schedule and steps are reasonable. Upon five (5) business days' prior written notice, either Grantor or Grantee may call an informal meeting to discuss the alleged default. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting hearing in accordance with subsection (A)(1), or the City Grantor orders a meeting hearing in accordance with subsection (A)(3), the City Grantor shall set a meeting public hearing to investigate said issues or the existence of the alleged default. The City Grantor shall notify Grantee of the meeting hearing in writing and such meeting hearing shall take place no less than thirty seven (307) days after Grantee▇▇▇▇▇▇▇'s receipt of notice of the meetinghearing. At the meetinghearing, Grantee shall be provided an opportunity to be heard heard, to present and question witnesses, and to present evidence in its defense. At any such hearing, Grantor shall not unreasonably limit ▇▇▇▇▇▇▇’s opportunity to make a record which may be reviewed should any final decision of Grantor be appealed to a court of competent jurisdiction. The determination as to whether a default or a material breach of this Franchise has occurred shall be within Grantor's sole discretion, but any such determination shall be subject to appeal to a court of competent jurisdiction. (C) If, after the meetingpublic hearing, the City Grantor determines that a default still exists, the City Grantor shall order Grantee to correct or remedy the default or breach within fifteen fourteen (1514) days or within such other reasonable time frame as the City Grantor shall determine. In the event Grantee does not cure within such time to the City’s Grantor's reasonable satisfaction, the City Grantor may: (1) Withdraw an amount from the letter of credit as Assess and collect monetary damagesdamages in accordance with this Franchise; (2) Recommend the revocation of Commence procedures to terminate this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend Pursue any other legal or equitable remedy available under this Franchise or any Applicable Lawapplicable law. (D) The determination as to whether a violation of this Franchise has occurred pursuant to this Section herein shall be within the sole discretion of the CityGrantor or its designee. Any such determination by Grantor shall be accompanied by a record, provided that any to which ▇▇▇▇▇▇▇’s contribution shall not be unreasonably limited by Grantor. Any such final determination may shall be subject to appeal to a court of competent jurisdiction under Applicable Lawjurisdiction.

Procedure for Remedying Franchise Violations. (A) 13.1.1. If the City reasonably believes that Grantee has failed to perform any obligation under this Franchise agreement or has failed to perform in a timely manner, the City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged defaultviolation. 13.1.2. The City must provide written notice of a violation. Upon receipt of notice, the Grantee will have a period of 30 days to cure the violation or 30 days to present to the City a reasonable remedial plan. The City shall, with Grantee=s consent, decide whether to accept, reject, or modify the remedial plan presented by the Grantee. Fines shall be assessed only in the event that either a cure has not occurred within 30 days or the City rejects the remedial plan. The procedures provided in section 13 shall be utilized to impose any fines. The date of violation will be the date of the event and not the date Grantee receives notice of the violation provided, however, that if City has actual knowledge of the violation and fails to give the Grantee the notice, then the date of the violation shall be no earlier than ten business days before the City gives Grantee the notice of the violation. Grantee shall have thirty (30) 30 calendar days from the date of receipt of such notice to: (1) respond 13.1.2.1. Respond to the City, contesting the City's assertion that a default violation has occurred, and requesting a meeting hearing in accordance with subsection (B)13.1.5, belowor; (2) cure 13.1.2.2. Cure the default; violation, or,; (3) notify the 13.1.2.3. Notify City that Grantee cannot cure the default violation within the thirty (30) 30 days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as of what steps the Grantee shall take to cure the exact steps that will be taken and violation including the Grantee=s projected completion datedate for such cure. In such case, the City may shall set a meeting hearing date within 30 days of receipt of such response in accordance with subsection (B) below to section 13.1.3. 13.1.3. In the event that the Grantee notifies the City that it cannot cure the violation within the 30 day cure period, City shall, within thirty 30 days of City's receipt of such notice, set a hearing. At the hearing, City shall review and determine whether additional time beyond the thirty (30) days specified above is indeed needed, Grantee has taken reasonable steps to cure the violation and whether the Grantee's proposed plan and completion schedule and steps date for cure are reasonable. (B) If Grantee does not cure . In the alleged default within event such plan and completion date are determined by mutual consent to be reasonable, the same may be approved by the City, who may waive all or part of the fines for such extended cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1)the criteria set forth in section 13.1.7. 13.1.4. In the event that the Grantee fails to cure the violation within the 30 day basic cure period, or within an extended cure period approved by the City orders a meeting in accordance with subsection (A)(3)pursuant to section 13.1.3, the City shall set a meeting hearing to investigate said issues or determine what fines, if any, shall be applied. 13.1.5. In the existence event that the Grantee contests the City's assertion that a violation has occurred, and requests a hearing in accordance with section 13.1.2.1, the City shall set a hearing within 60 days of the alleged defaultCity's receipt of the hearing request to determine whether the violation has occurred, and if a violation is found, what fines shall be applied. 13.1.6. The In the case of any hearing pursuant to this section, City shall notify Grantee of the meeting hearing in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of at the meeting. At the meetinghearing, Grantee shall be provided an opportunity to be heard heard, examine City=s witnesses, and to present evidence in its defense. The City may also hear any other person interested in the subject, and may provide additional hearing procedures as City deems appropriate. 13.1.7. The fines set forth in section 13.2 may be reduced at the discretion of the City, taking into consideration the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: (A) Whether the violation was unintentional; (B) The nature of the harm which resulted; (C) Whether there is a history of prior violations of the same or other requirements; (D) Whether there is a history of overall compliance, or; (E) Whether the violation was voluntarily disclosed, admitted or cured. 13.1.8. If, after the meetinghearing, the City determines that a default violation exists, City may use one or more of the City shall order following remedies: (A) Order Grantee to correct or remedy the default or breach violation within fifteen (15) days or within such other a reasonable time frame as the City shall determine. In the event Grantee does not cure within such time to the City’s reasonable satisfaction, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2B) Recommend Establish the revocation amount of fine set forth in section 13.2, taking into consideration the criteria provided for in section 13.1.7 of this Franchise pursuant to the procedures section as appropriate in subsection 13.2; or,City's discretion; (3C) Recommend Revoke this agreement, or; (D) Pursue any other legal or equitable remedy available under this Franchise agreement or any Applicable Lawapplicable law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law.

Procedure for Remedying Franchise Violations. (A) If the City Town reasonably believes that Grantee ▇▇▇▇▇▇▇ has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City Town shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the CityTown, contesting the CityTown's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City Town that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Town in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Town may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee▇▇▇▇▇▇▇'s proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City Town orders a meeting in accordance with subsection (A)(3), the City Town shall set a meeting to investigate said issues or the existence of the alleged default. The City Town shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee▇▇▇▇▇▇▇'s receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City Town determines that a default exists, the City shall order Grantee Town may seek any remedy available to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City shall determine. In the event Grantee does not cure within such time it pursuant to the City’s reasonable satisfactionApplicable Law, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the including revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable LawFranchise. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law.

Procedure for Remedying Franchise Violations. (A) If the City reasonably believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the City, contesting the City's ’s assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City that Grantee cannot cure the default within the thirty (30) days, days because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed neededis, indeed, needed and whether Grantee's ’s proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, above or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City orders a meeting in accordance with subsection (A)(3), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee's ’s receipt of notice of the meeting. At the meeting, meeting Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, If after the meeting, meeting the City determines that a default exists, the City shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City shall determine. In the event Grantee does not cure within such time to the City’s reasonable satisfaction, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection Section 13.2; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law.

Procedure for Remedying Franchise Violations. (A) If the City reasonably Grantor believes that Grantee ▇▇▇▇▇▇▇ has failed to perform any obligation under this Franchise Agreement or has failed to perform in a timely manner, the City Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged defaultviolation. Grantee shall have thirty (30) days from the date of receipt of such notice to: (1) respond Respond to the CityGrantor, contesting the City▇▇▇▇▇▇▇'s assertion that a default violation has occurred, and requesting request a meeting hearing in accordance with subsection (B), C below;; or (2) cure Cure the defaultviolation; or, (3) notify the City Notify Grantor that Grantee cannot cure the default violation within the thirty (30) days, because of the nature of the default. violation and notify the Grantor in writing of what steps (B) In the event that the default Grantee notifies the Grantor that it cannot be cured cure the violation within the thirty (30) day cure period, Grantor or its designee may set a public hearing within thirty (30) days, days of ▇▇▇▇▇▇▇’s receipt of such notice to review and determine whether the Grantee shall promptly take all has taken reasonable steps to cure the default violation and notify whether the City in writing Grantee’s proposed plan and in detail as to the exact steps that will be taken and the projected completion datedate for cure are reasonable. In the event such caseplan and completion date are found to be reasonable, the City same shall be approved by the Grantor, who may waive all or part of the liquidated damages for such extended cure period in accordance with the criteria set forth in subsection (E) of this section. (C) In the event that the Grantee fails to cure the violation within the thirty (30) day basic cure period, or within an extended cure period approved by the Grantor or designee pursuant to subsection (B), the Grantor or designee shall set a meeting public hearing to determine what sanctions shall be applied. In the event that the Grantee contests the Grantor's assertion that a violation has occurred, and requests a hearing in accordance with subsection (BA)(1) below above, the Grantor or designee shall set a public hearing within sixty (60) days of the Grantor’s receipt of the hearing request to determine whether additional time beyond the thirty (30) days specified above is indeed neededviolation has occurred, and whether Grantee's proposed completion schedule and steps are reasonableif a violation is found, what sanctions shall be applied. (BD) If Grantee does not cure In the alleged default within the cure period stated abovecase of any hearing pursuant to this Section, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City orders a meeting in accordance with subsection (A)(3), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City Grantor shall notify Grantee of the meeting hearing in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of at the meeting. At the meetinghearing, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. The Grantor shall also hear any other Person interested therein. (CE) The liquidated damages set forth in Section 15.3 of this Agreement may be reduced at the discretion of the Grantor or designee, taking into consideration the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: (1) Whether the violation was unintentional; (2) Whether substantial harm resulted; (3) Whether there is a history of prior violations of the same or other requirements; (4) Whether there is a history of overall compliance; and/or (5) Whether the violation was voluntarily disclosed, admitted or cured. (F) If, after the meetingpublic hearing, the City Grantor or designee determines that a default violation exists, Grantor or designee may utilize one or more of the City shall order following remedies: (1) Order Grantee to correct or remedy the default violation within a reasonable timeframe as Grantor or breach within fifteen (15) days or within such other reasonable time frame as the City designee shall determine. In the event Grantee does not cure within such time to the City’s reasonable satisfaction, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend Establish the revocation amount of liquidated damages set forth in Section 15.3, taking into consideration the criteria provided for in subsection (E) of this Franchise pursuant Section; provided that amounts in excess of fifty thousand dollars ($50,000) shall be subject to the procedures in subsection 13.2; or,Subsection (G) of this Section; (3) Recommend Revoke this Agreement, subject to subsection (G) of this Section; and/or (4) Pursue any other legal or equitable remedy available under this Franchise or any Applicable Lawapplicable law. (DG) This Agreement shall not be revoked nor shall liquidated damages in an amount in excess of fifty thousand dollars ($50,000) be imposed except by County Board of Commissioners after notice and hearing as set forth in this Section. (H) The determination as to whether a violation of this Franchise Agreement has occurred shall be within the sole discretion of the CityGrantor or its designee, provided that any such final determination may shall be subject to appeal to review by a court of competent jurisdiction under Applicable Lawapplicable law.

Procedure for Remedying Franchise Violations. (A) If the City reasonably Grantor believes that Grantee ▇▇▇▇▇▇▇ has failed to perform any material obligation under this Franchise Franchise, or has failed to perform in a timely manner, the City Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond Respond to the CityGrantor, contesting the CityGrantor's assertion that a default has occurred, and requesting a meeting hearing in accordance with subsection (B), below; (2) cure Cure the default; or, (3) notify the City Notify Grantor that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Grantor in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Grantor may set a meeting hearing in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee▇▇▇▇▇▇▇'s proposed completion schedule and steps are reasonable. Upon five (5) business days' prior written notice, either Grantor or Grantee may call an informal meeting to discuss the alleged default. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3A) (3), or denies the default and requests a meeting in accordance with (A)(1), or the City orders a meeting hearing in accordance with subsection (A)(3A) (1), the City or Grantor orders a hearing in accordance with subsection (A) (3), Grantor shall set a meeting public hearing to investigate said issues or the existence of the alleged default. The City Grantor shall notify Grantee of the meeting hearing in writing and such meeting hearing shall take place no less than thirty seven (307) days after Grantee▇▇▇▇▇▇▇'s receipt of notice of the meetinghearing. At the meetinghearing, Grantee shall be provided an opportunity to be heard heard, to present and question witnesses, and to present evidence in its defense. At any such hearing, Grantor shall not unreasonably limit ▇▇▇▇▇▇▇’s opportunity to make a record which may be reviewed should any final decision of Grantor be appealed to a court of competent jurisdiction. The determination as to whether a default or a material breach of this Franchise has occurred shall be within Grantor's sole discretion, but any such determination shall be subject to appeal to a court of competent jurisdiction. (C) If, after the meetingpublic hearing, the City Grantor determines that a default still exists, the City ; Grantor shall order Grantee to correct or remedy the default or breach within fifteen fourteen (1514) days or within such other reasonable time frame as the City Grantor shall determine. In the event Grantee does not cure within such time to the City’s Grantor's reasonable satisfaction, the City Grantor may: (1) Withdraw an amount from the letter of credit as Assess and collect monetary damagesdamages in accordance with this Franchise; (2) Recommend the revocation of Commence procedures to terminate this Franchise pursuant to the procedures in subsection 13.2Franchise; or, (3) Recommend Pursue any other legal or equitable remedy available under this Franchise or any Applicable Lawapplicable law. (D) The determination as to whether a violation of this Franchise has occurred pursuant to this Section herein shall be within the sole discretion of the CityGrantor or its designee. Any such determination by Grantor shall be accompanied by a record, provided that any to which ▇▇▇▇▇▇▇’s contribution shall not be unreasonably limited by Grantor. Any such final determination may shall be subject to appeal to a court of competent jurisdiction under Applicable Lawjurisdiction.

Procedure for Remedying Franchise Violations. (A) If the City reasonably believes that Grantee ▇▇▇▇▇▇▇ has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the City, contesting the City's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee▇▇▇▇▇▇▇'s proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City orders a meeting in accordance with subsection (A)(3), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee▇▇▇▇▇▇▇'s receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City determines that a default exists, the City shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City shall determine. In the event Grantee does not cure within such time to the City’s reasonable satisfaction, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law.

Procedure for Remedying Franchise Violations. ‌ (A) If the City reasonably Grantor believes that Grantee ▇▇▇▇▇▇▇ has failed to perform any material obligation under this Franchise Franchise, or has failed to perform in a timely manner, the City Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond Respond to the CityGrantor, contesting the CityGrantor's assertion that a default has occurred, and requesting a meeting hearing in accordance with subsection (B), below; (2) cure Cure the default; or, (3) notify the City Notify Grantor that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Grantor in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Grantor may set a meeting hearing in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee▇▇▇▇▇▇▇'s proposed completion schedule and steps are reasonable. Upon five (5) business days' prior written notice, either Grantor or Grantee may call an informal meeting to discuss the alleged default. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting hearing in accordance with subsection (A)(1), or the City Grantor orders a meeting hearing in accordance with subsection (A)(3), the City Grantor shall set a meeting public hearing to investigate said issues or the existence of the alleged default. The City Grantor shall notify Grantee of the meeting hearing in writing and such meeting hearing shall take place no less than thirty seven (307) days after Grantee▇▇▇▇▇▇▇'s receipt of notice of the meetinghearing. At the meetinghearing, Grantee shall be provided an opportunity to be heard heard, to present and question witnesses, and to present evidence in its defense. (C) If. At any such hearing, after the meeting, the City determines that Grantor shall not unreasonably limit ▇▇▇▇▇▇▇’s opportunity to make a default exists, the City shall order Grantee record which may be reviewed should any final decision of Grantor be appealed to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City shall determinea court of competent jurisdiction. In the event Grantee does not cure within such time to the City’s reasonable satisfaction, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation default or a material breach of this Franchise has occurred shall be within the discretion of the CityGrantor's sole discretion, provided that but any such final determination may shall be subject to appeal to a court of competent jurisdiction under Applicable Lawjurisdiction.

Procedure for Remedying Franchise Violations. (A) If the City reasonably believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the City, contesting the City's ’s assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City orders a meeting in accordance with subsection (A)(3), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City determines that a default exists, the City shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City shall determine. In the event Grantee does not cure within such time to the City’s reasonable satisfaction, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law.

Procedure for Remedying Franchise Violations. ‌ (A) If the City reasonably Grantor believes that Grantee has failed to perform any material obligation under this Franchise Franchise, or has failed to perform in a timely manner, the City Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond Respond to the CityGrantor, contesting the CityGrantor's assertion that a default has occurred, and requesting a meeting hearing in accordance with subsection (B), below; (2) cure Cure the default; or, (3) notify the City Notify Grantor that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Grantor in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Grantor may set a meeting hearing in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. Upon five (5) business days' prior written notice, either Grantor or Grantee may call an informal meeting to discuss the alleged default. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting hearing in accordance with subsection (A)(1), or the City Grantor orders a meeting hearing in accordance with subsection (A)(3), the City Grantor shall set a meeting public hearing to investigate said issues or the existence of the alleged default. The City Grantor shall notify Grantee of the meeting hearing in writing and such meeting hearing shall take place no less than thirty seven (307) days after Grantee's receipt of notice of the meetinghearing. At the meetinghearing, Grantee shall be provided an opportunity to be heard heard, to present and question witnesses, and to present evidence in its defense. At any such hearing, Grantor shall not unreasonably limit Grantee’s opportunity to make a record which may be reviewed should any final decision of Grantor be appealed to a court of competent jurisdiction. The determination as to whether a default or a material breach of this Franchise has occurred shall be within Grantor's sole discretion, but any such determination shall be subject to appeal to a court of competent jurisdiction. (C) If, after the meetingpublic hearing, the City Grantor determines that a default still exists, the City Grantor shall order Grantee to correct or remedy the default or breach within fifteen fourteen (1514) days or within such other reasonable time frame as the City Grantor shall determine. In the event Grantee does not cure within such time to the City’s Grantor's reasonable satisfaction, the City Grantor may: (1) Withdraw an amount from the letter of credit as Assess and collect monetary damagesdamages in accordance with this Franchise; (2) Recommend the revocation of Commence procedures to terminate this Franchise pursuant to the procedures in subsection 13.2Franchise; or, (3) Recommend Pursue any other legal or equitable remedy available under this Franchise or any Applicable Lawapplicable law. (D) The determination as to whether a violation of this Franchise has occurred pursuant to this Section herein shall be within the sole discretion of the CityGrantor or its designee. Any such determination by Grantor shall be accompanied by a record, provided that any to which Grantee’s contribution shall not be unreasonably limited by Grantor. Any such final determination may shall be subject to appeal to a court of competent jurisdiction under Applicable Lawjurisdiction.

Procedure for Remedying Franchise Violations. (A) If the City Grantor reasonably believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the CityGrantor, contesting the CityGrantor's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City Grantor that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Grantor in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Grantor may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City Grantor orders a meeting in accordance with subsection (A)(3), the City Grantor shall set a meeting to investigate said issues or the existence of the alleged default. The City Grantor shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City Grantor determines that a default exists, the City Grantor shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City Grantor shall determine. In the event Grantee does not cure within such time to the CityGrantor’s reasonable satisfaction, the City Grantor may: (1) Withdraw an amount from the letter of credit as monetary damagesdamages imposed under subsection 13.8; (2) Recommend If a material violation, recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the CityGrantor, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law. (E) It shall not be a violation of this Franchise if Grantee decides, on a company-wide basis, to cease providing Cable Services. Grantee shall provide a minimum of one (1) year’s written notice to Grantor of the termination date, and upon that date, all rights, duties, and obligations of this Franchise shall terminate except for those that by their nature, should survive termination.

Procedure for Remedying Franchise Violations. (A) If the City Grantor reasonably believes that Grantee ▇▇▇▇▇▇▇ has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the CityGrantor, contesting the CityGrantor's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City Grantor that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Grantor in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Grantor may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee▇▇▇▇▇▇▇'s proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City Grantor orders a meeting in accordance with subsection (A)(3), the City Grantor shall set a meeting to investigate said issues or the existence of the alleged default. The City Grantor shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee▇▇▇▇▇▇▇'s receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City Grantor determines that a default exists, the City Grantor shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City Grantor shall determine. In the event Grantee does not cure within such time to the CityGrantor’s reasonable satisfaction, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend Grantor may seek any other legal or equitable remedy available under this Franchise or any Applicable Law, including without limitation, revocation of this Franchise. Grantee reserves all rights to assert any defenses to any claims that may be made by Grantor. (D) The determination as to whether It shall not be a violation of this Franchise has occurred if ▇▇▇▇▇▇▇ decides, on a company-wide basis, to cease providing Cable Services. Grantee shall be within the discretion provide a minimum of one year’s written notice to Grantor of the Citytermination date, provided and upon that any such final determination may be subject to appeal to a court date all rights, duties and obligations of competent jurisdiction under Applicable Lawthis Franchise shall terminate except for those that by their nature, should survive termination.

Procedure for Remedying Franchise Violations. (A) If the City Grantor reasonably believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the CityGrantor, contesting the CityGrantor's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; (2) cure the default; or, (3) notify the City Grantor that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City Grantor in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City Grantor may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City Grantor orders a meeting in accordance with subsection (A)(3), the City Grantor shall set a meeting to investigate said issues or the existence of the alleged default. The City Grantor shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City Grantor determines that a default exists, the City Grantor shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City Grantor shall determine. In the event Grantee does not cure within such time to the CityGrantor’s reasonable satisfaction, the City Grantor may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.213.4; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the CityGrantor, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law.