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ARTICLE IX DEFAULT SECTION I. NOTICE AND DEFAULT ( A. City shall give written notice of default to grantee if City, in its sole discretion, determines that Grantee has: (1) Violated any material provision of this Franchise or the acceptance hereof, or any rule, order, regulation or determination of the City, state, or federal government, not in conflict with this Franchise; (2) Attempted to evade any provision of this Franchise or the acceptance hereof; (3) Practiced any fraud or deceit upon City or subscribers; (4) Made a material misrepresntation of fact in the application for or negotiation of the Franchise; or (5) Incurred a six (6) month or more delay in the construction schedule. B. If Grantee fails to cure such default within thirty (30) days after the giving of such notice (or if such default is of such a character as to require more than thirty (30) days within which to cure the same, and Grantee fails to commence to cure the same, within said thirty (30) day period and thereafter fails to use reasonable diligence, in City's sole opinion, to cure such default as soon as possible), then and in any event, such default shall be a substantial breach of this Franchise and City, at its option, may elect to either cure the default or terminate or cancel this Franchise and all rights and privileges of this Franchise as folows: L (1) City may cure any default and all sums expended by City, including attorneys' fees incurred in curing such default, whether suit be brought or not, with interest thereon at a rate per annum of two percent (2%) in excess of the then Prime Rate, shall be paid by Grantee to City, upon demand, and failure to so pay upon demand likewise may be deemed by City to be a default under this Franchise. (2) City may place the issue of revocation and termination of the Franchise before the Council at a regular or special meeting of the City Council. If City decides there is cause or reason to terminate, the following procedure shall be followed: - 50 -