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specific nature of the noncompliance. The Franchisee shall have ninety(90)days from receipt of <br /> such notice to object in writing and to state its reasons for such objection. In the event the City <br /> has not received a satisfactory response from Franchisee, it may then seek termination of the <br /> Franchise at a second public hearing. The City shall cause to be served upon the Franchisee, at <br /> least thirty(30)business days prior to such public hearing, a written notice specifying the time <br /> and place of such hearing and stating its intent to revoke the Franchise. <br /> 13.7.1 At the designated hearing, Franchisee shall be provided a fair opportunity <br /> for full participation,including the right to be represented by legal counsel,to introduce relevant <br /> evidence,to require the production of evidence,to compel the relevant testimony of the officials, <br /> agents,employees or consultants of the City, to compel the testimony of other persons as <br /> permitted by law, and to question and/or cross examine witnesses. A complete verbatim record <br /> and transcript shall be made of such hearing. <br /> 13.7.2 Following the public hearing, Franchisee shall be provided up to thirty <br /> (30) days to submit its proposed findings and conclusions in writing and thereafter the City shall <br /> determine(i)whether an event of default has occurred; (ii)whether such event of default is <br /> excusable; and(iii)whether such event of default has been cured or will be cured by the <br /> Franchisee. The City shall also determine whether to revoke the Franchise based on the <br /> information presented,or,where applicable, grant additional time to the Franchisee to affect any <br /> cure. If the City determines that the Franchise shall be revoked,the City shall promptly provide <br /> Franchisee with a written decision setting forth its reasoning. Franchisee may appeal such <br /> determination of the City to an appropriate court,which shall have the power to review the <br /> decision of the City de novo. Franchisee shall be entitled to such relief as the court finds <br /> appropriate. Such appeal must be taken within sixty(60)days of Franchisee's receipt of the <br /> determination of the franchising authority. <br /> 13.7.3 The City may,at its sole discretion,take any lawful action which it deems <br /> appropriate to enforce the City's rights under the Franchise in lieu of revocation of the Franchise. <br /> 13.8 Franchisee Termination: Franchisee shall have the right to terminate this <br /> Franchise and all obligations hereunder within ninety(90)days after the end of three(3)years <br /> from the Service Date of this Franchise, if at the end of such three(3)year period Franchisee <br /> does not then in good faith believe it has achieved a commercially reasonable level of Subscriber <br /> penetration on its Cable System.Franchisee may consider subscriber penetration levels outside <br /> the Franchise Area in this determination.Notice to terminate under this Section 13.8 shall be <br /> given to the City in writing,with such termination to take effect no sooner than one hundred and <br /> twenty(120) days after giving such notice. Franchisee shall also be required to give its then <br /> current Subscribers not less than ninety(90)days prior written notice of its intent to cease Cable <br /> Service operations. <br /> 14. MISCELLANEOUS PROVISIONS <br /> 14.1 Franchise Grant: In addition to the Annual PEG Grant, in lieu of providing free <br /> Cable Service to public buildings served by other Cable Operators and other items, Franchisee <br /> shall pay City a Franchise Grant of Thirty Eight Thousand Two Hundred Dollars($38,200)(the <br /> "Franchise Grant"). The Franchise Grant shall be payable within sixty(60)days of the Service <br /> EVEREr3 20 <br /> Seanle-3388207.8 0030932-00119 <br />