(A) Notice of violation. In the event that the franchising authority believes that the grantee has not complied with the terms of the franchise, it shall notify the grantee of the exact nature of the alleged noncompliance. The grantee shall have 30 days from receipt of the notice to respond to the franchising authority to cure such default or, in the event that, by the nature of default, such default cannot be cured within the 30-day period, to initiate reasonable steps to remedy such default and notify the franchising authority of the steps being taken and the projected date when they will be completed.
(B) Notice. Unless otherwise expressly agreed between the parties, every notice or response to be served upon the franchising authority or grantee shall be in writing, and shall be deemed to have been duly given to the required party five business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a post office or branch thereof regularly maintained by the U.S. Postal Service. The notices or responses to the franchising authority shall be addressed as follows: Mayor, City of Greensburg, 314 N. Michigan Avenue, Greensburg, IN 47240 with a copy to: Frank I. Hamilton, Jr., 117 S. Broadway, Greensburg, IN 47240. The notices or responses to the grantee shall be addressed as follows: Enhanced Telecommunications of Indiana, Inc., P.O. Box 217, 244 SR 129 S., Batesville, Indiana 47006, with a copy to: the attention of the Legal Department, addressed to the Grantee, at 5455 South Valentia Way, Englewood, Colorado 80111. The franchising authority and the grantee may designate such other address or addresses from time to time by giving notice to the other.
(C) Acts of God. The grantee shall not be held in default or noncompliance with the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes, acts of God, power outages, or other events reasonably beyond its ability to control.
(Ord. 1987-14, passed 10-5-87; Am. Ord. 2003-18, passed 10-5-03)