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m <br />m <br />II <br />m <br />II <br />II <br /> <br />il <br />II <br />II <br /> <br />II <br /> <br />SECTION 1. <br /> <br />ae <br /> <br /> ARTICLE IX. <br /> <br /> DEFAULT <br /> <br /> NOTICE AND DEFAULT <br /> <br /> City shall give written notice of default to Grantee if <br /> City, in its sole discretion, determines that Grantee has: <br /> <br /> (1) Violated any material provision of this Franchise or <br /> the acceptance hereof, or any rule, order, regulation <br /> or determination of the City, state or federal govern- <br /> ment, not in conflict with this Franchise; <br /> <br /> (2) Attempted to evade any provision of this Franchise or <br /> the acceptance hereof; <br /> <br /> (3) Practiced any fraud or deceit upon City or subscribers; <br /> <br /> (4) Made a material misrepresentation of fact in the ap- <br /> plication for or negotiation of the Franchise; or <br /> <br /> (5) Incurred a 6 month or more delay in the construction <br /> schedule. <br /> <br />If Grantee fails to cure such default within 30 days after <br />the giving of such notice (or if such default is of such a <br />character as to require more than 30 days within which to <br />cure the same, and Grantee fails to commence to cure the <br />same within said 30 days period and thereafter fails to use <br />reasonable diligence, in City's sole opinion, to cure such <br />default as soon as possible), then and in any event, such <br />default shall be a substantial breach and City, at its op- <br />tion may elect to either cure the default or terminate and <br />cancel this Franchise and all rights and privileges of this <br />Franchise as follows: <br /> <br />65 <br /> <br /> <br />