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V <br /> I . The collection by City of any damages , monies or penalties <br /> from the Letter of Credit shall not affect any other right or <br /> remedy available to City, nor shall any act, or failure to <br /> act, by City pursuant to the Letter of Credit be deemed a <br /> waiver of any right of City pursuant to this Franchise or <br /> otherwise . <br /> ARTICLE IX. <br /> DEFAULT <br /> SECTION 1 . NOTICE AND DEFAULT <br /> A. City shall give written notice of default to Grantee if City, <br /> in its sole discretion, determines that Grantee has : <br /> ( 1 ) Violated any material provision of this Franchise or the <br /> acceptance hereof, or any rule, order, regulation or <br /> determination of the City, state or federal government, <br /> not in conflict with this Franchise; <br /> ( 2 ) Attempted to evade any provision of this Franchise or <br /> the acceptance hereof; <br /> ( 3 ) Practiced any fraud or deceit upon City or Subscribers ; <br /> ( 4 ) Made a material misrepresentation of fact in the <br /> application for or negotiation of the Franchise; or <br /> ( 5 ) Incurred a six ( 6 ) month or more delay in the <br /> construction schedule . <br /> B. If Grantee fails to cure such default within thirty ( 30 ) days <br /> after the giving of such notice, or if such default is of <br /> such a character as to require more than thirty ( 30 ) days <br /> 48 <br />