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<br />e <br /> <br />e <br /> <br />insolvent (howsoever such insolvency may be evidenced), is adjudicated insolvent, petitions or <br /> <br />applies to any tribunal for, or consents to, the appointment of, or taking possession by, a receiver, <br /> <br /> <br />custodian, liquidator or trustee or similar official, or a similar process is undertaken by any tribunal <br /> <br /> <br />against an or a material part of the Cable System; or <br /> <br /> <br />5. the Grantee attempts to or does practice any fraud or deceit in its conduct or <br /> <br /> <br />relations under this Franchise with the City, Subscribers or potential Subscribers. <br /> <br /> <br />Section 26. NOTICE OF DEF AUL T; OPPORTUNITY TO CURE. <br /> <br /> <br />1. Notice of Default. The City Council shan exercise the rights provided in Section <br /> <br /> <br />26(2) hereof in accordance with the procedures set forth below: <br /> <br /> <br />A. The Director shall notify the Grantee, in writing, of an alleged failure to <br /> <br /> <br />comply with a material provision of this Franchise, which notice shall specify the alleged failure <br /> <br /> <br />with reasonable particularity. The Grantee shall, within thirty (30) days after receipt of such notice <br /> <br /> <br />or such longer period of time as the Director may specify in such notice, either cure such alleged <br /> <br />failure or, in a written response to the Director, either present facts and arguments in refutation or <br /> <br /> <br />excuse of such alleged failure or stat~ that such alleged failure will be cured and set forth the <br /> <br /> <br />method and time schedule for accomplishing such cure. <br /> <br />B. The Director shall detennine (i) whether a failure to comply with a material <br /> <br /> <br />provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has <br /> <br /> <br />been cured or will be cured by the Grantee. The Grantee shall make available to the Director, if <br /> <br /> <br />requested, any records, documents or other infonnation necessary to make the detennination. <br /> <br />C. If the Director detennines that a failure to comply with a material provision <br /> <br />has occurred and that such failure is not excusable and has not been or will not be cured by the <br /> <br />Grantee in a manner and in accordance with a schedule reasonably satisfactory to the Director, then <br /> <br />24 <br />