Laserfiche WebLink
object in writing and to state its reasons for such objection. In the event the LFA has not received <br />a satisfactory response from Franchisee, it may then seek termination of the Franchise at a second <br />public hearing. The LFA shall cause to be served upon the Franchisee, at least thirty (30) business <br />days prior to such public hearing, a written notice specifying the time and place of such hearing <br />and stating its intent to revoke the Franchise. <br />12.7.2. At the designated hearing, consistent with applicable federal and state law, <br />Franchisee shall be provided a fair opportunity for full participation, including the right to be <br />represented by legal counsel, to introduce relevant evidence, to require the production of evidence <br />consistent with applicable federal and state law, to compel the relevant testimony of persons as <br />permitted by law, and to question and/or cross examine witnesses. A complete verbatim record <br />and transcript shall be made of such hearing, the cost of which shall be shared by the Franchisee <br />and the LFA. <br />12.7.3. Following the public hearing, Franchisee shall be provided up to thirty (30) <br />days to submit its proposed findings and conclusions in writing and thereafter the LFA shall <br />determine (i) whether an event of default has occurred; (ii) whether such event of default is <br />excusable; and (iii) whether such event of default has been cured or will be cured by the Franchisee. <br />The LFA shall also determine whether to revoke the Franchise based on the information presented, <br />or, where applicable, grant additional time to the Franchisee to affect any cure. If the LFA <br />determines that the Franchise shall be revoked, the LFA shall promptly provide Franchisee with a <br />written decision setting forth its reasoning. Franchisee may appeal such determination of the LFA <br />to an appropriate court. Franchisee shall be entitled to such relief as the court finds appropriate. <br />Such appeal must be taken within sixty (60) days of Franchisee's receipt of the determination of <br />the franchising authority. <br />12.7.4. The LFA may, at its sole discretion, take any lawful action which it deems <br />appropriate to enforce the LFA's rights under the Franchise in lieu of revocation of the Franchise. <br />13. MISCELLANEOUS PROVISIONS <br />13.1. Actions of Parties: In any action by the LFA or Franchisee that is mandated or <br />permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely <br />manner. Furthermore, in any instance where approval or consent is required under the terms hereof, <br />such approval or consent shall not be unreasonably withheld, delayed or conditioned. <br />13.2. Binding Acceptance: This Agreement shall bind and benefit the parties hereto and <br />their respective heirs, beneficiaries, administrators, executives, receivers, trustees, successors and <br />assigns, and the promises and obligations herein shall survive the expiration date hereof. <br />13.3. Preemption: In the event that federal or state law, rules, or regulations preempt a <br />provision or limit the enforceability of a provision of this Agreement, the provision shall be read <br />to be preempted to the extent, and for the time, but only to the extent and for the time, required by <br />law. In the event such federal or state law. rule or regulation is subsequently repealed, rescinded, <br />amended or otherwise changed so that the provision hereof that had been preempted is no longer <br />preempted, such provision shall thereupon return to full force and effect, and shall thereafter be <br />