§ XIII. TERMINATION.

A.

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.

B.

Notice of Violation—In the event that the City believes that the Company has not complied with any other terms of the franchise, it shall notify Company in writing of the exact nature of the alleged non-compliance.

C.

Company's Right to Cure or Respond—Company shall have thirty (30) days from receipt of the notice described in Section XI (b) to: (1) respond to the City contesting the assertion of non-compliance, or (2) to cure such default or, in the event by the nature of death, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that they will be completed.

D.

Enforcement—Subject to applicable federal and state law, in the event the City determines the Company is in default of any provisions of the franchise, the City may:

1.

Foreclose on all or any part of any security provided under this franchise, if any, including without limitation, any bonds or other surety; provided, however, the foreclosure shall only be in such manner and in such amount as the City reasonably determines is necessary to remedy the default;

2.

Commence an action at law for monetary damages or seek other equitable relief;

3.

In the case of a substantial default of a material provision of the franchise, declare the Franchise Agreement to be revoked; or

4.

Seek specific performance of any provision, which reasonable lends itself to such remedy, as an alternative to damages.

The Company shall not be relieved of any of its obligations to comply promptly with any provision of the franchise by reason of any failure of the City to enforce prompt compliance.

E.

Force Majeure — The Company shall not be held in default or non-compliance with the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such non-compliance or alleged defaults are caused by strikes, acts of God, acts of terrorism, power outages, or other events reasonably beyond its ability to control. Company shall use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.