Common use of DETERMINATION OF BREACH Clause in Contracts

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position. (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, contesting the Issuing Authority's ’s assertion of default and providing such information or documentation as may be necessary to support the Licensee's ’s position.; (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's ’s efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's ’s progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town.fourteen

DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a1) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position.; or (b2) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one fourteen (2114) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (cb) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) . Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the this Renewal License and shall issue a written determination of its findingsLicense. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town, the Issuing Authority and/or its designee(s).

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, contesting the Issuing Authority's Authority’=s assertion of default and providing such information or documentation as may be necessary to support the Licensee's =s position.; or (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's ’s efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's ’s progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence evidence, question witnesses, if any, and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, Authority determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section Sections 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town.Section

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty twenty-one (3021) days from the receipt of such notice to: (a) respond Respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position.; or (b) cure Cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty twenty-one (3021) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that (i) the Licensee fails to respond to such notice of default and default; and/or (ii) the Licensee fails to cure the default or to take reasonable steps to cure the default within the required thirty twenty-one (3021) day period; and/or (iii) the Issuing Authority is not satisfied with (1) the Licensee's response pursuant to Section 11.1(a) above and/or (2) the Licensee's efforts to cure pursuant to Section 11.1(b) above, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence evidence, question witnesses, if any, and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, Authority determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 belowherein; (ii) Seek specific performance of any provision in this Renewal License which reasonably lends itself to such remedy as an alternative to damages; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below herein and applicable law; (vi) Invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mailmail pursuant to Section 15.11 infra, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, contesting the Issuing Authority's ’s assertion of default and providing such information or documentation as may be necessary to support the Licensee's ’s position.; (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's ’s efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's ’s progress until such default is cured.; or (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) . Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findingsLicense. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section Sections 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable State and federal law;; and (vi) Invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond Respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position. (b) cure Cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the TowntheTown.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, contesting the Issuing Authority's ’s assertion of default and providing such information or documentation as may be necessary to support the Licensee's ’s position.; or (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one ten (2110) business day intervals as to the Licensee's ’s efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's ’s progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) . Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the this Renewal License and shall issue a written determination of its findingsLicense. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek seek specific performance of any provision in the this Renewal License that which reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages enforce the remedies in accordance with the schedule set forth in Section 11.2 belowinfra; (iii) Commence commence an action at law for monetary damages; (iv) Foreclose foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 hereinsupra; (v) Declare the declare this Renewal License to be revoked subject to Section 11.3 below infra and applicable law; (; vi) Invoke invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, contesting the Issuing Authority's Authority‟s assertion of default and providing such information or documentation as may be necessary to support the Licensee's Licensee‟s position.; or (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one ten (2110) business day intervals as to the Licensee's Licensee‟s efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's Licensee‟s progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) . Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the this Renewal License and shall issue a written determination of its findingsLicense. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek seek specific performance of any provision in the this Renewal License that which reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages enforce the remedies in accordance with the schedule set forth in Section 11.2 belowinfra; (iii) Commence commence an action at law for monetary damages; (iv) Foreclose foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 hereinsupra; (v) Declare the declare this Renewal License to be revoked subject to Section 11.3 below infra and applicable law; (; vi) Invoke invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position.; or (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findingsLicense. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section Sections 9.2 and 9.3 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writingAuthorityinwriting, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position.; or (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one fourteen (2114) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that (i) the Licensee fails to respond to such notice of default and default; and/or (ii) the Licensee fails to cure the default or to take reasonable steps to cure the default within the required thirty twenty- one (3021) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen twenty-one (1421) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence evidence, question witnesses, if any, and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findingsLicense. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek assess liquidated damages in accordance with the schedule set forthinSection 11.2 below; (ii) seek specific performance of any provision in the this Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence commence an action at law for monetary damages; (iv) Foreclose foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare declare the Renewal License to be revoked subject pursuant to Section 11.3 below and applicable law; (vi) Invoke invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (ai) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position.; or (bii) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one fourteen (2114) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (cb) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee his Designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) . Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findingsLicense. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (ii) seek specific performance of any provision in the Renewal License which reasonably lends itself to such remedy as an alternative to damages; (iii) Commence commence an action at law for monetary damages; (iv) Foreclose foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke invoke any other lawful remedy available to the TownCity.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position. (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town. Response: By way of formal response to this specific section, Comcast refers to the language as submitted in Section 9.8 of its Informal Renewal Proposal, Tab 3, DRAFT Renewal Cable Television License filed on March 09, 2016.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position. (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on or otherwise lawfully pursue all or any appropriate part of the security (performance bond) provided pursuant to Section 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the this Renewal License, except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a1) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position.; or (b2) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one fourteen (2114) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (cb) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) . Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the this Renewal License and shall issue a written determination of its findingsLicense. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence an action at law for monetary damages; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the this Renewal License, except as excused by Force Majeureforce majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond Respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position.; or (b) cure Cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one thirty (2130) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen that thirty (1430) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) Within thirty (30) days after said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the this Renewal License and shall issue a written determination of its findingsLicense. In the event that the Issuing Authority, after such hearingshearing, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek seek specific performance of any provision in the this Renewal License that which reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence commence an action at law for monetary damages; (iviii) Foreclose foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 11.3 (Performance Bond) herein; (viv) Declare the declare this Renewal License to be revoked subject to Section 11.3 below 11.6 (Revocation of License) herein and applicable law; (viv) Invoke invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of the Renewal License, this Final License except as excused by Force Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a) respond to the Issuing Authority in writing, by certified mail, contesting the Issuing Authority's ’s assertion of default and providing such information or documentation as may be necessary to support the Licensee's ’s position.; or (b) cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, period to take reasonable steps to cure said default and diligently continue such efforts until such said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one fourteen (2114) day intervals as to the Licensee's ’s efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's ’s progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its his designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mailcertified, mail to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) . Within thirty (30) days after said the public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findingsthis Final License. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i) Seek i. assess liquidated damages in accordance with the schedule set forth in Section 14.2 below; ii. seek specific performance of any provision in the Renewal this Final License that which reasonably lends itself to such remedy as an alternative to damages; (ii) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (iii) Commence . commence an action at law for monetary damages; (iv) Foreclose . foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 12.2 and/or Section 12.3 herein; (v) Declare the Renewal v. declare this Final License to be revoked subject to Section 11.3 14.3 below and applicable law; (vi) Invoke . invoke any other lawful remedy available to the Town.

DETERMINATION OF BREACH. (a) In the event that the Issuing Authority has reason to believe evidence that the Licensee has defaulted in the performance of any or several provisions material provision(s) of the this Renewal License, except as excused by Force Majeureforce majeure or other factors beyond the reasonable control of the Licensee, or prior to institution any action under either Section 8.3 (Performance Bond) or Section 8.7 (Revocation of License), the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty (30) days from the receipt of such notice to: (a1) respond to the Issuing Authority in writing, contesting the Issuing Authority's ’s assertion of default and providing such information or of documentation as may be necessary to support the Licensee's ’s position.; or (b2) cure any such default (and provide written evidence to the Issuing Authority of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, promptly to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at twenty-one (21) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (cb) In the event that the Licensee fails to respond to such notice of default and or to cure the default or to take reasonable steps to cure the default within the required thirty (30) day periodperiod or to diligently continue such efforts until the default is cured, the Issuing Authority or its designee shall promptly may schedule a public hearing no sooner than fourteen thirty (1430) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. , including the right to present evidence in its own behalf (d) both testimonial and documentary), to pose questions to those conducting the hearing (which questioning shall not be unduly burdensome and shall be limited to no more than thirty questions), and to review documents presented in support of a claimed material breach. Within thirty (30) days after said public hearing, the Issuing Authority shall determine make a written determination, based upon evidence introduced at the hearing, whether or not the Licensee is in default of any material provision of the Renewal License and shall issue a written determination of its findings. In the event that License. (c) If the Issuing Authority, after such hearings, Authority determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (i1) Seek seek specific performance of any provision in of the Renewal License that which reasonably lends itself to such remedy as an alternative to damages; (ii2) Assess liquidated damages in accordance with exercise or foreclose on all or any appropriate part of the schedule set forth in Section 11.2 belowsecurity provided herein; (iii3) Commence commence an action at law for monetary damages; (iv4) Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare declare the Renewal License to be revoked subject to Section 11.3 below the provisions herein and applicable law;; and (vi5) Invoke any other lawful remedy available to the TownIssuing Authority.