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i <br />i <br /> <br />I <br />i <br />i <br />i <br />i <br />I <br /> <br /> II <br /> II <br /> <br /> II <br /> <br /> II <br /> <br /> II <br /> II <br /> <br />IJ <br /> I <br /> <br />Ge <br /> <br />Exclusive of the contractual penalties set out above in this <br />section, a violation of any provision of this Franchise is a <br />misdemeanor. <br /> <br />Whenever City finds that Grantee has violated one or more <br />terms, conditions or provisions of this Franchise, a written <br />notice shall be given to Grantee informing it of such vio- <br />lation. At any time after fifteen days following local re- <br />ceipt of notice, provided Grantee remains in violation of <br />one or more terms, conditions or provisions of this Fran- <br />chise, in the sole opinion of City, City may draw from the <br />Letter of Credit all penalties and other monies due City. <br /> <br />Whenever a penalty has been assessed, Grantee may, within <br />thirty days of local receipt of notice, notify City that <br />there is a dispute as to whether a violation or failure has, <br />in fact, occured. Such notice by Grantee to City shall spe- <br />cify with particularity the matters disputed by Grantee. <br /> <br /> (1) City shall hear Grantee's dispute at the next regularly <br /> scheduled Council meeting. City shall supplement the <br /> Council decision with written findings of fact. <br /> <br /> (2) Upon a determination by City that no violation has tak- <br /> <br /> en place, City shall refund to Grantee without interest <br /> all monies drawn from the Letter of Credit by reason of <br /> the alleged violation. <br /> <br />If said Letter of Credit or any subsequent Letter of Credit <br />delivered pursuant hereto expires prior to 15 months after <br />the expiration of the term of this Franchise, it shall be <br />renewed or replaced during the term of this Franchise to <br /> <br />61 <br /> <br /> <br />