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<br />d. Each violation of any provision of this Franchise shall be considered a <br />separate violation for which a separate penalty can be imposed. <br /> <br />e. Whenever City finds that Grantee has violated one or more terms, <br />conditions or provisions of this Franchise, or for any other violation <br />contemplated in Subparagraph c. above, a written notice shall be given to <br />Grantee informing it of such violation. At any time after thirty (30) days <br />(or such longer reasonable time which, in the sole determination of City, <br />is necessary to cure the alleged violation) following local receipt of notice. <br />provided Grantee remains in violation of one or more terms, conditions or <br />provisions of this Franchise, in the sole opinion of City, City may draw <br />from the Letter of Credit all penalties and other monies due City from the <br />date of the local receipt of notice. <br /> <br />f. Whenever the Letter of Credit is drawn upon, GraI)tee may, within seven <br />(7) days of such draw, notify City in writing that there is a dispute as to <br />whether a violation or failure has in fact occurred. Such written notice by <br />Grantee to City shall specify with particularity the matters disputed by <br />Grantee. All penalties shall continue to accrue and City may continue to <br />draw from the Letter of Credit during any appeal pursuant to this <br />subparagraph f. <br /> <br />1. City shall hear Grantee's dispute within sixty (60) days and render <br />a final decision within sixty (60) days thereafter. <br /> <br />11. Upon the determination of City that no violation has taken place, <br />City shall refund to Grantee, without interest, all monies drawn <br />from the Letter of Credit by reason of the alleged violation. <br /> <br />g. If said Letter of Credit or any subsequent Letter of Credit delivered <br />pursuant thereto expires prior to thirty (30) months after the expiration of <br />the term of this Franchise, it shall be renewed or replaced during the term <br />of this Franchise to provide that it will not expire earlier than thirty (30) <br />months after the expiration of this Franchise. The renewed or replaced <br />Letter of Credit shall be of the same form and with a bank authorized <br />herein and for the full amount stated in Paragraph A of this Section. <br /> <br />h. If City draws upon the Letter of Credit or any subsequent Letter of Credit <br />delivered pursuant hereto, in whole or in part, Grantee shall replace or <br />replenish to its full amount the same within ten (10) days and shall deliver <br />to City a like replacement Letter of Credit or certification of replenishment <br />for the full amount stated in Section 9.2 (a) as a substitution of the previous <br />Letter of Credit. This shall be a continuing obligation for any draws upon <br />the Letter of Credit. <br /> <br />24 <br />