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forth in Section 16.A. hereof. Company shall have sixty (60) days after the receipt of <br />such notice within which to cease such violation and comply with the terms and <br />provisions hereof. In the event Company fails to cease such violation or otherwise <br />comply with the terms hereof, then Company's Franchise is subject to termination under <br />the following provisions. Provided, however, that if Company commences work or other <br />efforts to cure such violations within thirty (30) days after receipt of written notice and <br />shall thereafter prosecute such curative work with reasonable diligence until such <br />curative work is completed, then such violations shall cease to exist, and the Franchise <br />will not be terminated. <br />(2) Termination shall be declared only by written decision of the City Council <br />after an appropriate public proceeding whereby Company is afforded the full opportunity <br />to be heard and to respond to any such notice of violation or failure to comply. Company <br />shall be provided at least fifteen business (15) days prior written notice of any public <br />hearing concerning the termination of the Franchise. In addition, ten (10) days notice by <br />publication shall be given of the date, time and place of any public hearing to interested <br />members of the public. <br />(3) City, after full public hearing, and upon finding material violation or <br />failure to comply, may terminate the Franchise or excuse the violation or failure to <br />comply, upon a showing by Company of mitigating circumstances or upon a showing of <br />good cause of said violation or failure to comply as may be determined by the City <br />Council. <br />(4) Nothing herein stated shall preclude Company from appealing the final <br />decision of the City Council to a court or regulatory authority having jurisdiction. <br />(5) Nothing herein stated shall prevent City from seeking to compel <br />compliance by suit in any court of competent jurisdiction if Company fails to comply <br />with the terms of this Franchise after due notice and the providing of adequate time for <br />Company to comply with said <br />SECTION 16. NOTICES. <br />A. Any notices required or desired to be given from one party to the other party to <br />this Ordinance shall be in writing and shall be given and shall be deemed to have been served <br />and received if. (i) delivered in person to the address set forth below; (ii) deposited in an official <br />Page 16 <br />4340964.4 <br />