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• . <br /> and/or privileges herein granted. <br /> (b) Failure on the part of the grantee, to pay the franchise <br /> tax herein provided. <br /> ( c) Failure on the part of the grantee to perform any other <br /> material thing or things required by it to perform under the terms <br /> of this franchise; provided, however, grantee may suspend operations <br /> during July and August of each year without penalty. <br /> Section 13. The grantee , its successors and assigns against whom <br /> any order is directed, may test the justness or reasonableness of <br /> such order by a proper action in the courts , commenced within thirty <br /> days after service of such order; and in such action the court shall <br /> hear the matter de novo. <br /> In the event that the State Department of Public Service or any <br /> other regulatory body shall be given jurisdiction over the rates , <br /> rules and regulations of the grantee , the right of the City to de— <br /> termine what are just and reasonable rates , rules and regulations <br /> shall become inoperative in so far as the same are in conflict with <br /> the rights and powers of the Department of Public Service or other <br /> regulatory body with reference thereto. <br /> Section 14. In order to claim the right and benefits of this <br /> Ordinance, the Grantee shall within thirty days after the passage <br /> thereof file in the office of the City Clerk, acceptance in writing of <br /> the franchise granted by this Ordinance, subject to all the conditions <br /> and provisions thereof. <br /> Mayor. <br /> Attest: <br /> City Clerk <br /> Passed: July 21st, 1936. <br /> Published: July 22, 1936. <br /> ( <br />