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32 <br />thirty (30) Days within which to cure the same, and Grantee fails to commence to cure the <br />same within said thirty (30) Day period and thereafter fails to use reasonable diligence, in <br />City’s sole opinion, to cure such violation as soon as possible). <br /> <br />(b) Grantee may, within ten (10) Days of receipt of notice, notify the City that there <br />is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by <br />Grantee shall specify with particularity the matters disputed by Grantee and shall stay the <br />running of the above-described time until the Commission or City issues final findings of <br />fact with respect to the violation. However, all penalties shall accrue from the date of the <br />notice of violation until the Commission or City issues final findings of fact with respect <br />to the violation. <br /> <br />(c) The City or Commission shall hear Grantee’s dispute at the next regularly <br />scheduled or specially scheduled meeting. Grantee shall have the right to speak and <br />introduce evidence. The City or Commission shall determine whether Grantee has <br />committed a violation and shall make written findings of fact relative to its determination. <br /> <br />(d) If after hearing the dispute, the violation is upheld by the City or Commission, then <br />Grantee shall have thirty (30) Days within which to remedy the violation. <br /> <br />(e) If Grantee fails to cure the violation within thirty (30) Days, such violation shall <br />be a substantial breach and City may elect to terminate the Franchise or establish and draw <br />on the Bond or Security Fund as provided in Sections 9 or 10. <br /> <br />(f) The City may place the issue of termination of this Franchise before the governing <br />body of City at a regular meeting. If City decides there is cause or reason to terminate, the <br />following procedure shall be followed: <br /> <br />(i) City shall provide Grantee with a written notice of the reason or cause for <br />proposed termination and shall allow Grantee a minimum of thirty (30) Days <br />subsequent to receipt of the notice in which to correct the violation. <br /> <br />(ii) Grantee shall be provided with an opportunity to be heard at a public hearing <br />prior to any decision to terminate this Franchise. <br /> <br />(iii) If, after notice is given and an opportunity to cure, at Grantee’s option, a <br />public hearing is held, and the City determines there was a violation, breach, failure, <br />refusal or neglect, the City may declare by resolution the Franchise terminated and <br />of no further force and effect unless there is compliance within such period as the <br />City may fix, such period may not be less than thirty (30) Days. No opportunity for <br />compliance need be granted for fraud or misrepresentation. <br /> <br />11.3 Failure to Enforce. Grantee shall not be relieved of any of its obligations to comply <br />promptly with any provision of the Franchise by reason of any failure of the City to enforce prompt <br />compliance, and City’s failure to enforce shall not constitute a waiver of rights or acquiescence in <br />Grantee’s conduct. <br /> <br />11.4 Compliance with the Laws.