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E. The determination as to whether a violation of this Franchise has occurred shall be within the <br /> discretion of the City, provided that any such final determination may be appealed to the Finance <br /> Director or review by a court of competent jurisdiction under applicable law. <br /> 11.2. Termination <br /> A. In addition to revocation or termination in accordance with other provisions of this Franchise, <br /> the City may terminate this Franchise and all rights and privileges associated with this Franchise in <br /> the procedure described in this Section 11.2. <br /> B. If Grantee has not already had an opportunity to cure a default pursuant to subsection 11.1, the <br /> City shall give written notice to the Grantee of its intent to terminate the Franchise prior to its <br /> termination of the Franchise. The notice shall set forth the nature of the noncompliance or default. <br /> Grantee shall have thirty (30) days from such notice to object in writing and to state its reasons for <br /> such objection and provide any explanation. In the event the City has not received a satisfactory <br /> 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 /> proceeding. <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 <br /> shared equally between the parties. The City Council shall hear any Persons interested in the <br /> termination, 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 <br /> be bound by the City Council's decision to terminate the Franchise unless it appeals the decision to <br /> a court of competent jurisdiction within fifteen(15) days of the date of the decision. <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 /> New Cingular Wireless PCS,LLC <br /> Small Cell Franchise 28 of 33 <br />