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..?m..? ?..,. ,,: <br />. ,. A? <br />SECTION XI: <br />REVOCATION AND NON-RENEWAL OF FRANCHISE <br />A In addition to all other rights and powers reserved or pertaining to the <br />City, the City reserves as an additional and as a separate and distinct remedy the right <br />to revoke this franchise and all rights and privileges of the GRANTEE hereunder in any <br />of the following events or for any of the following reasons: <br />1. The GRANTEE by act or omission, violates any material term or <br />condition of this Agreement and shall within thirty (30) days <br />following written demand by the City to effect such compliance <br />fails to do so or to commence and diligently pursue compliance; <br />or <br />2. The GRANTEE fails to adequately maintain and upgrade the <br />system as provided under the franchise Agreement; or <br />3. The GRANTEE becomes insolvent, unable or unwilling to pay its <br />debts, or is adjudged a bankrupt or all or part of the GRANTEE's <br />facilities should be sold under an instrument to secure a debt and <br />are not redeemed by the GRANTEE within thirty (30) days from <br />said sale; or <br />4. The GRANTEE fails to restore service following ninety-six (96) <br />consecutive hours of interrupted service, except when approval of <br />such interruption is obtained from the City; or <br />5. The GRANTEE attempts to or does practice any fraud or deceit in <br />its conduct or relations with the City under this franchise. <br />B. No such revocation shall be effective unless or until the Council of the <br />City shall have adopted an ordinance setting forth the cause and reason for the <br />revocation and the effective date therefor, which ordinance shall not be adopted <br />without thirty (30) days prior notice thereof to the GRANTEE and an opportunity for the <br />GRANTEE to be heard upon the proposed adoption of said ordinance. <br />C. The GRANTEE shall not be declared in default nor be subject to any sanction <br />under any provision of this Agreement in any case in which the performance of such <br />provision is prevented by Good Cause. <br />D. To the extent permitted by law the City reserves the right to deny renewal of <br />the Franchise Agreement t'or the substantive reasons listed below* <br />22