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response from Grantee, it may then seek a termination of the Franchise by the City Council in <br />accordance with this subsection. <br />C. Any proceeding to terminate this Franchise shall be conducted by the City Council and open to <br />the public. Grantee shall be afforded at least forty-five (45) days prior written notice of such <br />proceedmg. <br />D. At such proceeding, Grantee shall be provided a fair opportunity for full participation, including <br />the right to be represented by legal counsel, to introduce evidence, and to question witnesses. A <br />complete verbatim record and transcript shall be made of such proceeding and the cost shall be shared <br />equally between the parties. The City Council shall hear any Persons interested in the termination, <br />and shall allow Grantee, in particular, an opportunity to state its position on the matter. <br />E Within ninety (90) days after the hearing, the City Council shall determine whether to terminate <br />the Franchise and declare that the Franchise is terminated and the irrevocable letter of credit or <br />performance bond forfeited; or if the breach at issue is capable of being cured by Grantee, direct <br />Grantee to take appropriate remedial action within the time and in the manner and on the terms and <br />conditions that the City Council determines are reasonable under the circumstances If the City <br />Council determines that the Franchise should be terminated, the City Council shall set forth the <br />reasons for such a decision and shall transmit a copy of the decision to the Grantee. Grantee shall be <br />bound by the City Council's decision to terminate the Franchise unless it appeals the decision to a <br />court of competent jurisdiction within thirty (30) days after the date of the decision is provided to <br />Grantee. <br />F. The City Council may at its sole discretion take any lawful action that it deems appropriate to <br />enforce the City's rights under the Franchise in lieu of terminating this Franchise, including but not <br />limited to, declaratory judgments, injunctions and specific performance. <br />11.3. Procedures in the Event of Termination or Revocation <br />A. If this Franchise expires without renewal the City may allow Grantee to operate its <br />Telecommunications System on a month -to -month basis, during which the terms of this Franchise <br />would remain in full force and effect. <br />B If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the City <br />may order the removal of the above -ground Telecommunication Facilities and such underground <br />Facilities from the City at Grantee's sole expense within a reasonable period of time as determined by <br />the City In removing its Facilities, plant, structures and equipment, Grantee shall backfill at its own <br />expense any excavation made by it and shall restore all Rights -of -Way, public places and private <br />property to the same condition as that prevailing prior to Grantee's removal of its equipment without <br />affecting the electrical or telephone wires or attachments. The indemnification and insurance <br />provisions and Assurance as applicable, shall remain in full force and effect during the period of <br />removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort <br />therefor. <br />C. If Grantee fails to complete any removal required by this subsection to the City s satisfaction, <br />after written notice to Grantee, the City may cause the work to be done and Grantee shall reimburse <br />{DPK2242501.D00X;4/13113.000007/ } <br />Wireline Franchise 26 of 30 <br />