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SECTION 10. <br />SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE <br />1. City's Right to Revoke. <br />a. In addition to all other rights which City has pursuant to law or equity, City <br />reserves the right to commence proceedings to revoke, terminate or cancel <br />this Franchise, and all rights and privileges pertaining thereto, if it is <br />determined by City that: <br />i. Grantee has violated material provisions(s) of this Franchise; or <br />ii. Grantee has attempted to evade any of the provisions of the <br />Franchise; or <br />iii. Grantee has practiced fraud or deceit upon City. <br />City may revoke this Franchise without the hearing required by 9.2(b) herein if <br />Grantee is adjudged a barilmipt. <br />2. Procedures for Revocation. <br />a. City shall provide Grantee with written notice of a cause for revocation and <br />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, City shall provide Grantee with the basis of the revocation. <br />b. Grantee shall be provided the right to a public hearing affording due process <br />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 (a) <br />above. City shall provide Grantee with written notice of its decision together <br />with written findings of fact supplementing said decision. <br />C. Only after the public hearing and upon written notice of the determination by <br />City to revoke the Franchise may Grantee appeal said decision with an <br />appropriate state or federal court or agency. <br />d. 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 />3. Abandonment of Service. Grantee may not abandon the System or any portion <br />thereof without having first given three (3) months written notice to City. Grantee <br />32 <br />