REVOCATION PROCEDURES. 12.2.1.1 Prior to revocation or termination of the Franchise, the Franchisors shall give written notice to the Franchisee of their intent to revoke the Franchise on the basis of a pattern of noncompliance by the Franchisee, including one or more instances of substantial uncured Events of Default with a material provision of the Franchise. The notice shall set forth the exact nature of the noncompliance. The Franchisee shall have sixty (60) days from such notice to either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged noncompliance. If the Franchisors have not received a satisfactory response from Franchisee, it may then seek to revoke the Franchise at a public hearing. The Franchisee shall be given at least thirty (30) days prior written notice of such public hearing, specifying the time and place of such hearing and stating its intent to revoke the Franchise. 12.2.1.2 At the hearing, the CCRC shall give the Franchisee due process, including an opportunity to state its position on the matter, to present evidence and to question witnesses, after which the CCRC shall determine whether or not the Franchise shall be revoked. The public hearing shall be on the record and a written transcript shall be made available to the Franchisee within forty-five (45) days. The decision of the CCRC shall be made in writing and shall be delivered to the Franchisee. The Franchisee may appeal such determination to an appropriate court. The Franchisee may continue to operate the Cable System until all legal appeals procedures have been exhausted. 12.2.1.3 Notwithstanding the above provisions, the Franchisee does not waive any of its rights under federal law or regulation.
Appears in 1 contract
Sources: Franchise Agreement
REVOCATION PROCEDURES. 12.2.1.1 Prior to revocation or termination of the Franchise, the Franchisors shall give written notice to the Franchisee of their intent to revoke the Franchise on the basis of a pattern of noncompliance by the Franchisee, including one or more instances of substantial uncured Events of Default with a material provision of the Franchise. The notice shall set forth the exact nature of the noncompliance. The Franchisee shall have sixty (60) days from such notice to either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged noncompliance. If the Franchisors have not received a satisfactory response from Franchisee, it may then seek to revoke the Franchise at a public hearing. The Franchisee shall be given at least thirty (30) days prior written notice of such public hearing, specifying the time and place of such hearing and stating its intent to revoke the Franchise.
12.2.1.2 At the hearing, the CCRC shall give the Franchisee due process, including an opportunity to state its position on the matter, to present evidence evidence, and to question witnesses, after which the CCRC shall determine whether or not the Franchise shall be revoked. The public hearing shall be on the record and a written transcript shall be made available to the Franchisee within forty-five (45) days. The decision of the CCRC shall be made in writing and shall be delivered to the Franchisee. The Franchisee may appeal such determination to an appropriate court. The Franchisee may continue to operate the Cable System until all legal appeals procedures have been exhausted.
12.2.1.3 Notwithstanding the above provisions, the Franchisee does not waive any of its rights under federal law or regulation.
Appears in 1 contract
Sources: Franchise Agreement