§ VIII. TERMINATION.

If any payment herein provided to be paid is not paid when due after thirty (30) days written notice from City to Company of such non-payment (which period of thirty (30) days commences with the day after receipt of such notice), this franchise may be terminated by the City. If the Company substantially fails to comply with any of the other material provisions of this franchise and fails to cure same or is unable to provide justification for such non-compliance within sixty (60) days after it has received written notice from the City claiming such non-compliance with any of the material terms and provisions of this franchise, then City shall give Company an additional written notice that this franchise will be terminated effective ninety (90) days after receipt of said notice to Company, unless Company corrects such non-compliance within said period of time. If the City and Company disagree over whether Company has substantially failed to comply with any of the material provisions of this franchise or has failed to cure an alleged non-compliance, the franchise shall continue until agreement is reached between the City and Company resolving the matter or until the matter has been litigated through the courts to final judgment. Non-compliance by Company of any terms and provisions of this franchise due to force majeure or any cause beyond its control does not constitute reason for termination of this franchise.