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SECTION 10. <br /> SALE,ABANDONMENT,TRANSFER AND REVOCATION OF FRANCHISE <br /> 10.1. City's Right to Revoke. <br /> 10.1.1 In addition to all other rights which City has pursuant to law or equity,City reserves the <br /> right to commence proceedings to revoke, terminate or cancel this Franchise, and all <br /> rights and privileges pertaining thereto, if it is determined by City that: <br /> 10.1.1.1 Grantee has violated material provisions(s) of this Franchise;or <br /> 10.1.1.2 Grantee has attempted to evade any of the provisions of the <br /> Franchise; or <br /> 10.1.13 Grantee has practiced fraud or deceit upon City or the <br /> Commission. <br /> City may revoke this Franchise without the hearing required by Section 10.2.2 herein if <br /> Grantee is adjudged a bankrupt entity. <br /> 10.2. Procedures for Revocation. <br /> 10.2.1 The City shall provide the Grantee with written notice of a cause for revocation <br /> and the intent to revoke and shall allow Grantee thirty (30) days subsequent to <br /> receipt of the notice in which to correct the violation or to provide adequate <br /> assurance of performance in compliance with the Franchise. In the notice <br /> required herein,the City shall provide the Grantee with the basis for revocation. <br /> 10.2.2 The Grantee shall be provided the right to a public hearing affording due <br /> process before the City Council prior to the effective date of revocation,which public <br /> hearing shall follow the thirty (30) day notice provided in subparagraph 10.2.1 <br /> above. The City shall provide the Grantee with written notice of its decision <br /> together with written findings of fact supplementing said decision. <br /> 10.2.3 Only after the public hearing and upon written notice of the determination by <br /> the City to revoke the Franchise may the Grantee appeal said decision with an <br /> appropriate state or federal court or agency. <br /> 10.2.4 During the appeal period, the Franchise shall remain in full force and effect <br /> unless the term thereof sooner expires or unless continuation of the Franchise <br /> would endanger the health,safety and welfare of any Person or the public. <br /> 10.3. Abandonment of Service. <br /> The Grantee may not abandon the System or any portion thereof without having <br /> first given three (3) months written notice to the City. The Grantee may not <br /> abandon the System or any portion thereof without compensating the City for <br /> damages resulting from the abandonment, including all costs incident to removal of <br /> the System, if required by the City pursuant to Section 10.4. <br /> 40 <br /> 489232v1 RJV QU210-6 <br />