SECTION 9 . - Termination or Forfeiture of Agreement.  

Latest version.
  • (a) In case of failure on the part of Level 3, its successors or assigns, to comply with any of the provisions of this Franchise Agreement, or if Level 3, its successor or assigns, should do or cause to be done any act or thing prohibited by or in violation of the terms of this Franchise Agreement, then Level 3, its successors or assigns, shall forfeit all rights and privileges granted by the Franchise Agreement and all rights hereunder shall cease, terminate, and become null and void, provided that said forfeiture shall not take effect until the City shall complete the following:

    Before the City may proceed to terminate this Franchise Agreement, it shall first serve a written notice as provided by the Notice provisions of this Franchise Agreement, setting forth in detail the conditions of neglect, default, or failure complained of, and Level 3 shall have ninety (90) days after the receipt of such notice in which to comply with the conditions of this Franchise Agreement. If, at the end of such ninety (90) day period, the City deems that the conditions of the Franchise Agreement have not been met and that such Franchise Agreement is subject to cancellation thereunder, then the City shall terminate the Franchise Agreement, unless compliance with the conditions cannot be reasonably accomplished within said ninety (90) day period, in which event Level 3 shall have such additional time as is reasonably necessary provided Level 3 has commenced the cure within said ninety (90) day period and diligently prosecutes the cure to completion.


    Level 3, its successors or assigns, may terminate this Franchise Agreement by notifying the City of its intent to terminate not less than thirty (30) days prior to the annual anniversary date of this execution of this Franchise Agreement.


    In the event of forfeiture or termination of the Franchise Agreement under this Section, Level 3 agrees that all compensation paid theretofore to the City shall be forfeited.