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<br />( <br /> <br />c <br /> <br />D. <br /> <br />Exclusive of the contractual penalties set ?ut above, in ,this <br />section, a violation of any provision of thiS Franchise- is a <br />misdemeanor. <br /> <br />E. <br /> <br />Whenever City finds that Grantee has violated, one or ':lore <br />terms, conditions, or provisions of this FranchIse, a, wrI~ten <br />notice shaH be given to Grantee informing it of s~ch vlOlat:on. <br />At any time after fifteen days follo~ing local receipt of notIce, <br />rovided Grantee remains in violation. of, one or more, t~rms, <br />~onditions, or provisions of this FranchIse, In ~he sole opI~Ion of <br />City, City may draw from the Letter of CredIt all penalties and <br />other monies due City. <br /> <br />Whenever a penalty has been assessed" Gra~tee may, wi~hin <br />thirty days of local receipt of noti~e, nottfy ~Ity that t~ere IS a <br />dispute as to whether a viola tlOn or .fallure has, ~n fa~t, <br />occurred. Such notice by Grantee to CIty shall specIfy with <br />particularity the matters disputed by Grantee. <br /> <br />F. <br /> <br />(1) <br /> <br />City shall hear Grantee's dispute at the next <br />regularly scheduled Council meeting. City shall <br />supplement the Council decision with written <br />findings of fact. <br /> <br />Upon determination by City that no violation has <br />taken place, City shall refund to Grantee without <br />interest all monies drawn from the Letter of Credit <br />by reason of the alleged violation. <br /> <br />(2) <br /> <br />G. If said Letter of Credit or any subsequent Letter of Credit <br />delivered pursuant hereto expires prior to 15 months after the <br />expiration of the term of this Franchise, it shall be renewed or <br />replaced during the term of this Franchise to provide that it <br />will not expire earlier than 15 months after the expiration of <br />this Franchise. The renewed or replaced Letter of Credit shall <br />be on the same form and with a bank authorized herein and for <br />the full amount stated in paragraph A of this section. Failure <br />to renew or replace the Letter of Credit shall be grounds for <br />termination of this Franchise. <br /> <br />H. <br /> <br />If City draws upon the Letter of Credit or any subsequent <br />Letter of Credit delivered pursuant hereto, in whole or in part, <br />Grantee shall replace the same within fifteen days and shall <br />deliver to City a like replacement Letter of Credit for the full <br />amount stated in paragraph A of this section as a substitution of <br />the previous Letter of Credit. <br /> <br />I. If any Letter of Credit is not so replaced, City may draw on <br />said Letter of Credit for the whole amount thereof and hold the <br />proceeds, without interest, and use the proceeds to pay costs <br /> <br />- 48 - <br />