Common use of FORFEITURE AND TERMINATION Clause in Contracts

FORFEITURE AND TERMINATION. (1) In addition to all other rights and powers retained by the Village under this franchise or otherwise, the Village reserves the right to forfeit and terminate the franchise and all rights and privileges of the Grantee hereunder in the event of a substantial breach of its terms and conditions. A substantial breach by the Grantee shall include, but shall not be limited to the following: (a) Violation of any material provision of the franchise or any material rule, order, regulation or determination of the Village made pursuant to the franchise; (b) Attempt to evade any material provision of the franchise or practice any fraud or deceit upon the Village or its subscribers or customers; (c) Failure to begin or complete system construction or system extension as provided under section 20; (d) Failure to provide the services promised in the Grantee's application if any as incorporated herein by section 4; (e) Failure to restore service after ninety-six (96) consecutive hours of interrupted service, except when approval of such interruption is obtained from the Village; or (f) Material misrepresentation of fact in the application for or negotiation of the franchise. (2) The foregoing shall not constitute a major breach if the violation occurs but is without fault of the Grantee or occurs as a result of circumstances beyond its control. The Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (3) The Village may make a written demand that the Grantee comply with any such provision, rule, order or determination under or pursuant to this franchise. If the violation by the Grantee continues for a period of thirty (30) days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the Village may place the issue of termination of the franchise before the Village Council. The Village shall cause to be served upon the Grantee, at least twenty (20) days prior to the date of such meeting, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting and the issue(s) which the Council is to consider. (4) The Village Council shall hear and consider the issue(s) and shall hear any person interested therein and shall determine in its discretion whether or not any violation by the Grantee has occurred. (5) If the Village Council shall determine the violation by the Grantee was the fault of the Grantee and within its control, the Council may, by resolution declare that the franchise of the Grantee shall be forfeited and terminated unless there is compliance within such period as the Council may fix, such period shall not be less than sixty (60) days, provided no opportunity for compliance need be granted for fraud or misrepresentation. (6) The issue of forfeiture and termination shall automatically be placed upon the Council agenda at the expiration of the time set by it for compliance. The Council then may terminate the franchise forthwith upon finding that the Grantee has failed to achieve compliance or may further extend the period, in its discretion.

FORFEITURE AND TERMINATION. (1a) In addition to all other rights and powers retained by the Village under this franchise chapter or otherwise, the Village reserves the right to forfeit and terminate the franchise and all rights and privileges of the Grantee hereunder in the event of a substantial breach of its terms and conditions. A substantial breach by the Grantee shall include, but shall not be limited to the following: (a1) Violation of any material provision of the franchise or any material rule, order, regulation or determination of the Village made pursuant to the franchise;; or (b2) Attempt to evade any material provision of the franchise or to practice any fraud or deceit upon the Village or its subscribers or customers;; or (c3) Failure to begin or complete system construction or system extension as provided under section 20;Section 21; or (d4) Failure to provide the services promised in the Grantee's application if any as incorporated herein by section 4;initial application; or (e5) Failure to restore service after ninety-six (96) 96 consecutive hours of interrupted service, except when approval of such interruption is obtained from the Village; or (f6) Material misrepresentation of fact in the application for or negotiation of the franchise; or (7) Failure to pay any fees or other consideration when due pursuant to the franchise or this chapter. (2) The foregoing shall not constitute a major breach if the violation occurs but is without fault of the Grantee or occurs as a result of circumstances beyond its control. The Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (3b) The Village may make a written demand that the Grantee comply with any such provision, rule, order or determination under or pursuant to this the franchise. If the violation by the Grantee continues for a period of thirty (30) 30 days following such written demand without written proof satisfactory to the Village that the corrective action was initiated immediately and thereafter has been taken completed or is being actively has been continuously, actively, and expeditiously pursued, the Village may place the issue of termination of the franchise before the Village CouncilBoard. The Village shall cause to be served upon the Grantee, at least twenty (20) 20 days prior to the date of such meeting, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting and the issue(s) which the Council is to consider. (4c) The Village Council Board shall hear and consider the issue(s) issues and shall hear any person interested therein and shall determine in its discretion whether or not any violation by the Grantee has occurred. The Grantee shall be afforded an opportunity to be heard at the hearing, including an opportunity to present all relevant evidence and witnesses and to question witnesses presented against the Grantee. The Grantee may, at its own expense, make a transcript of any such hearing. (5d) If the Village Council shall determine Board determines that the violation by the Grantee was the fault of the Grantee and within its control, then the Council Board may, by resolution stating the violation or violations on which the decision is based, declare that the franchise of the Grantee shall be forfeited and terminated unless there is compliance immediately or within such period as the Council Board in its sole discretion may fix, such period shall not be less than sixty (60) days, provided no opportunity for compliance need be granted for fraud or misrepresentationunless there is compliance. (6) The issue of forfeiture and termination shall automatically be placed upon the Council agenda at the expiration of the time set by it for compliance. The Council then may terminate the franchise forthwith upon finding that the Grantee has failed to achieve compliance or may further extend the period, in its discretion.