1. Grounds for Revocation. In addition to any other lawful remedies the City may have, it reserves the right to revoke the Franchise and rescind all rights and privileges associated therewith in the event of a material breach of the Franchise. A material breach or cause for revocation, by way of example, would include:
A. If Grantee should default in the performance of any of its material obligations under the Agreement and fails to cure the default within sixty (60) days after receipt of written notice of the default from the City or such longer time as specified by the City.
B. If the Grantee should fail to provide or maintain in full force and effect the insurance and indemnification coverage as required in the Agreement.
C. If a petition is filed by or against Grantee under the Bankruptcy Act, as amended, or any other insolvency or creditors’ rights law, State or Federal, and the Grantee shall fail to have it dismissed.
D. If a receiver, trustee or liquidator of the Grantee is applied for or appointed for all or part of the Grantee’s assets.
E. If the Grantee makes an assignment for the benefit of creditors.
F. If the Grantee violates any order or ruling of the City, or any State or Federal regulatory body having jurisdiction over the Grantee, unless the Grantee is lawfully contesting the legality or applicability of such order or ruling and has received a stay from the appropriate forum.
G. If the Grantee practices any fraud or deceit upon the subscribers, the City, or the general public.
H. If Grantee misrepresented a material fact in the application for or negotiation of the Franchise or in any other appearance before or document submitted to the City Council or to subscribers.
I. If Grantee violates any material rule, order, regulation or determination of the City Council made pursuant to its police powers or any material provision of this Agreement.
2. Procedure Prior to Revocation. The City shall give at least thirty (30) days’ written notice to the Grantee citing the reasons alleged to constitute cause for revocation, if the reason is of a nature that can be cured, set a reasonable time in which the Grantee must remedy the cause. If, during the 30-day period or such longer period as the City may set, the cause shall be cured to the satisfaction of the City, the City may declare the notice to be null and void. If the Grantee fails to remedy the cause within the time specified or if the breach is of a nature that cannot be remedied, the Council may, after public hearing and making a written finding of a material violation, revoke the Franchise. In any event, before the Franchise may be terminated, the Grantee shall be provided with an opportunity to be heard before the City Council.
3. Effect of Pending Litigation. Unless a stay is issued by a court of appropriate jurisdiction, pending litigation or any appeal to any regulatory body or court having jurisdiction over the Grantee shall not excuse the Grantee from the performance of its obligations under this Agreement or other Applicable Laws. Failure of the Grantee to perform material obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section.
4. Restoration of Public and Private Property. In removing its plants, structures and equipment, the Grantee shall refill at its own expense, any excavation made by it and shall leave all public ways and places and private property in as good condition as existed prior to Grantee’s removal of its equipment and appliances. The City shall inspect and approve the condition of the public ways and public places. Liability insurance and the indemnity provided in this Agreement shall continue in full force and effect during the period of removal.
5. Restoration by City; Reimbursement of Costs. If the Grantee fails to complete any work required by the City or any work required by other law or ordinance within the time established and to the satisfaction of the City, the City may cause such work to be done and the Grantee shall reimburse the City the costs thereof within thirty (30) days after receipt of any itemized list of such costs.
6. Lesser Sanctions. Nothing shall prohibit the City from imposing lesser sanctions or censures than revocation.