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A. In addition to all other rights and powers retained by the city under this chapter and any franchise issued pursuant thereto, the city council reserves the right to revoke and terminate a franchise and all rights and privileges of a grantee in the event of a substantial violation or breach of its terms and conditions. A substantial violation or breach by a grantee shall include, but shall not be limited to, any of the following acts or omissions:

1. An uncured substantial violation of any material provision of this chapter or an uncured breach of any material provision of a franchise issued hereunder, or any material rule, order or regulation of the city made pursuant to its power to protect the public health, safety and welfare;

2. Any default in the performance of any of grantee’s material obligations under any other documents, agreements and other terms and provisions entered into by and between the city and the grantee;

3. An intentional evasion or knowing attempt to evade any material provision of a franchise or practice of any fraud or deceit upon the cable communications system, subscribers or upon the city;

4. Failure to begin or substantially complete any system construction or system extension as set forth in a franchise;

5. Failure to provide the services promised in the application or specified in a franchise, or a reasonable substitute therefor;

6. Any use or occupation of the right-of-way that presents a risk to public health or safety or the construction, installation, operation or maintenance of the cable communications system in an unsafe or dangerous manner;

7. The willful violation of any orders or rulings of any regulatory body having jurisdiction over grantee relative to the franchise;

8. Misrepresentation of material fact in the application for, or during negotiations relating to, a franchise;

9. A continuous and willful pattern of inadequate service or failure to respond to legitimate subscriber complaints;

10. Failure to provide insurance, bonds, letter of credit, or indemnity as required by a franchise or this chapter;

11. An uncured failure to pay franchise fees as required by the franchise agreement.

B. None of the foregoing shall constitute a substantial violation or breach if the grantee is without fault or if the violation or breach occurs as a result of circumstances beyond a grantee’s reasonable control. A grantee shall bear the burden of proof in establishing the existence of such circumstances. However, a grantee’s substantial violation or breach shall not be excused by economic hardship nor by nonfeasance or malfeasance of its directors, officers, employees, agents, or contractors. (Ord. 5531 § 2, 2004.)