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2024 Ordinances
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12/12/2024 12:24:06 PM
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1/31/2024 10:52:52 AM
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11. RENEWAL OF FRANCHISE <br />11. 1. The LFA and Franchisee agree that any proceedings undertaken by the LFA that <br />relate to the renewal of this Franchise shall be governed by and comply with the provisions of <br />Section 626 of the Communications Act, 47 U.S.C. § 546, or Title 15.2 of the Code of Virginia, <br />Chapter 21, Article 1.2, Section 15.2-2108.30, as applicable. <br />11.2. Notwithstanding anything to the contrary set forth herein, Franchisee and the LFA <br />agree that at any time during the term of the then current Franchise, while affording the public <br />appropriate notice and opportunity to comment, the LFA and Franchisee may agree to undertake <br />and finalize informal negotiations regarding renewal of the then current Franchise and the LFA <br />may grant a renewal thereof. <br />12. ENFORCEMENT AND TERMINATION OF FRANCHISE <br />12.1. Notice of Violation: If at any time the LFA believes that Franchisee has not <br />substantially complied with the terms of the Franchise, the LFA shall informally discuss the matter <br />with Franchisee. If these discussions do not lead to resolution of the issue, the LFA shall then <br />notify Franchisee in writing of the exact nature of the alleged noncompliance (for purposes of this <br />Article, the "Noncompliance Notice"). <br />12.2. Franchisee's Right to Cure or Respond: Franchisee shall have fifteen (15) days <br />from receipt of the Noncompliance Notice to: (i) respond to the LFA, if Franchisee contests (in <br />whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event <br />that, by its nature, such noncompliance cannot be cured within such fifteen (15) day period, initiate <br />all reasonable steps to remedy such noncompliance as quickly as possible and notify the LFA of <br />the steps being taken and the projected date by which cure is projected to be completed. Upon cure <br />of any noncompliance, the Franchisee shall notify the LFA in writing and the LFA shall provide <br />written confirmation that such cure has been accepted by the LFA. <br />12.3. Public Hearing. The LFA shall schedule a public hearing if the LFA seeks to <br />continue its investigation into the alleged noncompliance in the event that: (1) Franchisee fails to <br />respond to the Noncompliance Notice pursuant to the procedures required by this Article, or (2) in <br />the event that Franchisee has not remedied the alleged noncompliance within fifteen (15) days or <br />the date projected pursuant to Section 12.2(iii) above. The LFA shall provide Franchisee at least <br />thirty (30) days prior written notice of such public hearing, which will specify the time, place and <br />purpose of such public hearing, and provide Franchisee the opportunity to be heard. <br />12.4. Enforcement: Subject to applicable federal and state law, in the event the LFA, after <br />the public hearing set forth in Section 12.3, determines that Franchisee is in default of any <br />provision of this Franchise, the LFA may: <br />12.4.1. Seek specific performance of any provision that reasonably lends itself to <br />such remedy, as an alternative to damages; or <br />
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